65
THE DEFENCE HERITAGE TOOLKIT

tOOLKit - Department of Defence

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: tOOLKit - Department of Defence

the defence heritage

tOOLKit

Page 2: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

IntroductIon to the toolkIt

The Defence Heritage Toolkit has been designed to assist Defence personnel in understanding and managing places and things of heritage value within the Defence Estate. It provides practical guidance on how to progress development proposals, methods for managing heritage, and where to go for further information in particular circumstances.

It provides advice and easy to follow guidance on heritage issues throughout Defence planning, development and operational exercises.

The Toolkit is for use by all Defence personnel as we all have a stake in our heritage and we all have a hand in managing heritage values.

It is important for Defence to manage and invest in its heritage because:

• it contributes to valuing and preserving Defence and Navy, Army and Air Force traditions and culture;

• it enhances and provides context to the Australian Defence Force working and living environment;

• it improves Defence’s public image and builds bridges to the Australian Community; and

• it can play a role in Defence capability, through its contribution to morale, recruitment and retention outcomes.

Navy, Army and Air Force facilities represent the people, land, and values that the military defends. The buildings, structures, sites, precincts, memorabilia and “stories” that make up our working environment are live and real connections to the contributions of “those who have gone before”.

Military history is intrinsically bound up with our identity as a nation. The historic places within our guardianship become part of the Australian values that we have made a commitment to protect and defend.

By using this Toolkit, Defence personnel will be ensuring that they are managing the heritage values of Defence sites and meeting their legal obligations under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Page 3: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact Sheets

A The Defence Heritage Strategy

B The Defence Heritage Management System

C The Discover Defence Heritage Initiative—promoting awareness and access to Defence heritage sites

D Heritage Management Plans

E Archival recording of heritage assets

F Disaster Protocols for heritage listed sites

G Heritage contacts

H Heritage—Defence’s legal obligations

I Environmental Clearance Certificates and heritage

J The Defence Heritage Panel Advisory Service

K Frequently asked questions

Guides and Checklists

1 Acquisition and heritage

2 Strategic and Master Planning

3 Capital works, redevelopment and making changes

4 Maintenance

5 Disposal of heritage properties Annex A: Template for a Disposal Conservation Management Strategy

6 Defence Guide to Heritage Management Planning Annex A: Heritage Management Plans Annex B: Heritage Assessments Annex C: Heritage Impact Assessments

7 Military training and exercises

8 Indigenous and Cultural Heritage Management

the deFence herItage toolkIt contents

Page 4: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet a

the deFence herItage strategy

Commonwealth agencies are required to prepare Heritage Strategies within two years of commencement of the amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Defence Heritage Strategy outlines the framework for managing heritage issues across the Defence Estate and sets goals for the identification, assessment and preparation of management plans for places with heritage values owned by Defence.

The Strategy includes the Vision for the management of heritage issues at Defence:

Defence will be a leader in the management of its properties with heritage values. Defence will seek to provide a sound balance between defence capability and the conservation of heritage values.

To read the Defence Heritage Strategy, see the Defence Heritage web site www.defence.gov.au/environment

Page 5: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet B

the deFence herItage management system

This Fact Sheet will be of use to any Defence personnel dealing with heritage issues. It will also be useful to those implementing heritage initiatives in the regions, providing insight into the corporate drivers and the tools and information sources that are available.

The Defence Heritage Management System has been developed as a series of policies, tools and guides to help Defence meet its legislative obligations and to assist Defence staff with practical implementation.

Policies

The Heritage Strategy: This is a requirement under the amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Strategy is the guiding document for Defence’s commitment to meeting its obligations. The strategy can be found at www.defence.gov.au/environment/defenceheritagestrategy.pdf

The Discover Defence Heritage Initiative: This is a Defence corporate strategy to increase awareness and access to some of our heritage places. It includes support of museums and interpretive centres, events, open days, and the production of brochures and posters. Further information on this initiative can be found in Fact Sheet C.

The National Strategic Policy: Defence is committed to developing national strategies and policies. Existing policies include:

• The Heritage Management Plan framework to ensure all Commonwealth Heritage listed sites in Defence have a current management plan, and that all of these Defence sites develop standard, useful plans to assist with their management.

• The policy of ensuring all disposals, acquisitions, and development activities look at heritage issues and assess possible risks to any values and mitigation strategies via Heritage Impact Assessments.

Tools Guidelines

the Defence heritage Management system

Policies

Page 6: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

• Protocols for heritage issues which compete with other environmental issues.

• Policy statements to provide a consistency of approach to nationwide issues, such as the management of Indigenous heritage, including stakeholder engagement frameworks.

Tools

Defence Heritage web site: The web site contains all of the below tools and further information on Defence’s heritage and management. The site is located at www.defence.gov.au/environment

Defence Heritage Register: Defence are systematically adding their historic places and heritage resources to the Register. The Register can be accessed publicly and also through the Defence Estate Management System (DEMS). www.defence.gov.au/environment

Defence Estate Management System (DEMS): DEMS is a facilities maintenance register that includes management, conservation, maintenance (immediate and cyclical) information for historic places and individual structures. While DEMS is primarily an asset management tool, it is also periodically updated with management and maintenance requirements from consultancy reports such as heritage management plans and environmental management plans. http://demsweb.dcb.defence.gov.au/

Defence Heritage Environment Panel: The Defence Heritage Panel Advisory Service provides telephone, email or in-person advice to Defence users on heritage issues. The service utilises the skills of some of Australia’s foremost leaders in the heritage industry operating under the Defence Heritage Panel Agreement. The Defence Heritage Panel, established in February 2004, is building an industry understanding of Defence heritage needs and operational requirements. For further information on the Panel go to www.defence.gov.au/im/business/panels

Defence Infrastructure Manual (IM): This is the definitive guide to all infrastructure activities and the processes that must be followed whilst undertaking them by internal Defence staff. Heritage considerations have been addressed throughout the IM and further information can be accessed at http://defweb.cbr.defence.gov.au/im/

Defence Heritage Report: The Defence Heritage Report is both a component of the Discover Defence Heritage Initiative and a means of reporting on Defence’s heritage strategy and achievements. Contact Defence Heritage and Biodiversity Conservation (DH&BC) for the most recent report or check out the web site www.defence.gov.au/environment/

Guidelines

Heritage Management Plans (HMP): These are an obligation of Defence under the heritage amendments to the EPBC Act as a means of managing Defence assets which have Commonwealth Heritage values. The HMPs are being designed to be of maximum use to both Defence strategic level personnel, Defence planners, base management personnel and regional environmental staff and base maintenance contractors and their staff.

Communication Strategy: The Communication Strategy has been developed to alert personnel to the heritage issues and their obligations to manage them in the context of Defence business. It also sets out a strategy for the presentation of heritage through positive publicity. For further information on the Defence Heritage Communication Strategy contact the Defence Heritage Team via [email protected].

Putting the heritage Management system into practice

The Heritage Management System is designed to work in tandem with other Defence programs and policies. You should also consider other environmental issues when accessing and using the information in this Toolkit to ensure that a comprehensive response to heritage places is taken and a broad coverage of issues considered. This might include using the Infrastructure Manual or the Environmental Management System guidelines to make sure that your heritage management opportunities are placed in an appropriate context and all environmental and operational issues can be balanced, and a successful outcome achieved.

cONtacts

For all Defence heritage contacts and inquiries check out the web site www.defence.gov.au/environment/

Page 7: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet c

the dIscover deFence herItage InItIatIve —promotIng awareness and access to

deFence herItage sItes

Discover Defence Heritage is an initiative aimed at improving community and public access to Defence Heritage places. It is intended to help Defence demonstrate to the community how Defence is leading the way in heritage management, and encourage all Australians. It promotes our traditions and history, and improves Defence’s public image and reputation, through improving relationships between Defence sites and their local communities.

The new national heritage system Distinctively Australian, launched by the Prime Minister in 2004, defines themes that are important to us as a nation. “A Wide and Ancient Land”, “Building the Nation”, and “The Australian Spirit” are the initial themes to be pursued. The theme of the Australian Spirit, in particular, resonates with Defence defining a sense of mateship arising from fellowship, selflessness and cooperation fundamental to the safety and wellbeing of our servicemen and women.

The Australian Defence Force (ADF) today reflects the kind of country we are, the role we seek to play in the world, and the way we see ourselves. The ADF today is grounded in a proven history and sense of tradition, tied up in the fabric of our establishments and our people.

Discovering Defence heritage is possible in a number of ways

Sites that are open to the public

Many Defence heritage sites are open to the public regularly and feature amazing sites, buildings and landscapes. Many sites also have Museums and Military Collections that are looked after by a wonderful team of military personnel and volunteers. Some of these sites are showcased on the Discover Defence Heritage web site which provides information about the history of the sites, what’s there, how to get there and other relevant information.

The web site link is www.defence.gov.au/environment

Page 8: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Open days and events

Some sites can’t be open to the public all the time, or may need to restrict access at certain times due to operational requirements. However, some of these sites still offer an opportunity for limited and controlled public access. Open days are already a feature at some sites, including Victoria Barracks in Sydney, Anglesea Barracks in Hobart and Duntroon House in Canberra. These regular days are a controlled way of including the community and increasing public awareness and knowledge about our places, our history and our achievements.

To find out more about these open days, have a look the Defence Heritage web site. The web site link is www.defence.gov.au/environment

Other ways to share our heritage

Defence can also celebrate and share some of its heritage by developing and sharing promotional products such as posters, booklets and calendars. These initiatives highlight both the “good news” message of Defence business, as well as promoting some of Defence’s unique places, people and stories. Contact Defence Heritage and Biodiversity Conservation (DH&BC) to discuss opportunities like these for your base or region or look at the Defence Heritage web site.

Page 9: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet D

herItage management plans

This Fact Sheet aims to provide an overview of what Heritage Management Plans, Heritage Assessments, and Heritage Impact Assessments are, why they are required, and what they are used for.

Why do we need heritage Management Plans?

Heritage Management Plans are developed to meet one or both of the below:

• for Defence to comply with requirements under Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) legislation (for sites on the Commonwealth Heritage List (CHL)); and/or

• to protect and manage the heritage values of sites (both heritage listed and even some not listed) during strategic and master planning, development, redevelopment, maintenance and refurbishment.

Defence calls these plans Heritage Management Plans (HMPs) instead of the old style of Conservation Management Plans, to meet the new legislative requirements under the EPBC Act, enacted 1 January 2004, and also to illustrate the different style of plan now used in Defence.

Defence’s Heritage Management Plans place a greater focus on the management end, instead of the often lengthy assessments of heritage, with little guidance on how to actually protect these values. Defence HMPs also place priority on providing helpful and practical advice and guidance to various user groups that all have a role in asset management.

The EPBC Act now requires that all sites on the Commonwealth Heritage List must have a Heritage Management Plan and be managed in accord with these plans. Defence Heritage and Biodiversity Conservation (DH&BC) and/or our Senior Environmental Managers for each region develop these plans. Occasionally they are developed by the proponents of major projects (both internal and external to Defence), for sites that don’t have (current) HMPs to help protect their values during the project.

Some sites are not on the CHL, but still require a Heritage Management Plan to appropriately protect any identified heritage values. Under the EPBC Act, these sites may be picked up under section 28 which states that a Commonwealth agency cannot take an action that has, will have or is likely to have, a significant impact on the environment, which now formally includes heritage.

Page 10: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

What is a heritage Management Plan?

These are documents that assess and describe the heritage values of places, and detail our obligations and appropriate policies and management regimes to ensure that these values are protected. They also provide action plans broken down into sections, so that individual parts are targeted at specific users.

What is a heritage assessment?

These determine and assess any heritage significance at a site based on accepted standards as laid out by the Commonwealth Heritage List criteria. These are often required when assessing environmental risk at sites before undertaking specific activities.

What is a heritage Impact assessment?

These look at the heritage values of a site and assesses whether a specified activity will have an impact, and suggest ways to avoid or mitigate these impacts.

When do I commission a heritage Management Plan/assessment/Impact assessment?

A Heritage Management Plan may be required for several reasons such as:

• Legislative compliance — heritage is now managed under the powerful EPBC Act and a requirement of this new legislation is that all Commonwealth Heritage listed sites must have a Conservation/Heritage Management Plan that is five years old or younger to protect its values.

• A site is undergoing development or redevelopment — the heritage issues need to be managed during this process to avoid possibly triggering EPBC Act provisions that can delay or stop activities.

• A site is to be disposed of — under the new legislation Commonwealth agencies are required to ensure adequate protection is in place for sites which are listed on the Commonwealth Heritage List. Defence policy is also to ensure we protect places that may have heritage significance, though are not listed. In these circumstances a heritage assessment may be undertaken to establish heritage significance.

If you need further information on how to develop one of these plans, please see Guide 6 in the Toolkit — Defence Guide to Heritage Management Planning.

Page 11: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet e

archIval recordIng oF herItage assets

In some cases where a heritage asset has been damaged or will be removed, relocated or demolished, archival recording may need to be undertaken.

Defence’s policy is to follow the NSW Information Series Guidelines for Photographic Recording of Heritage Sites, Buildings and Structures. This guide, which outlines the methods of recording to be followed, can be found at www.heritage.nsw.gov.au/docs/info_photographicrecording2006.pdf.

Once photographic recording has taken place, one copy is to be retained by the regional environmental staff and a copy to be sent to:

Director Heritage ManagementDept of DefenceDefence Heritage and Biodiversity ConservationBP-2-B030CANBERRA ACT 2600

In some cases, copies of photographic material can be provided to internal or external Museums or placed in relevant sites. Your regional environmental officer can best advise you on these opportunities.

Page 12: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet F

dIsaster protocols For herItage lIsted sItes

This Fact Sheet recommends immediate actions to be undertaken in the case of destruction or damage (including fire, flood, hail etc) to Defence owned or controlled Heritage listed sites, including sites on the National Heritage List, the Commonwealth Heritage List or the Register of the National Estate. You can find out if the site is heritage listed by going to Defence’s Heritage web site www.defence.gov.au/environment and checking out our Defence Heritage Register. Your regional environmental officer and the team at Defence Heritage and Biodiversity Conservation (DH&BC) can help you too.

First steps

1. Secure the site, and by preliminary technical inspection, identify any perceived imminent hazard, risk or threat. In particular, this action should:

• protect the site from persons hunting for remnants and souvenirs;

• avoid demolition of any structures, until the completion of more detailed heritage assessments;

• in cases where the preliminary inspection identifies some parts of the structure that are not stable and will require removal or stabilisation, occupational safety is the primary consideration. In circumstances where the structure is able to be stabilised and there may be an option to rebuild the structure using existing masonry or stabilised and strengthened fabric, for new uses, then removal of any fabric should await the assessment report.

2. Photographically record each place, using the NSW Information Series Guidelines for Photographic Recording of Heritage Sites, Buildings and Structures. See Fact Sheet E for more details or, to see the guidelines on how to do this, see www.heritage.nsw.gov.au/docs/info_photographicrecording2006.pdf.

Page 13: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

3. The Director of Defence Heritage and Biodiversity Conservation may then formally advise the Department of Environment and Water Resources that a place on the National or Commonwealth Heritage List or the Register of the National Estate has been destroyed or damaged. This advice should include documentation of recovered artefacts and building elements and before (where available) and after photographs of the site and you’ll need to provide copies of this information to:

Director Heritage and Biodiversity ConservationDept of DefenceBP-2-B030CANBERRA ACT 2600

4. Depending on advice from DH&BC and/or your regional environmental officer, you may then undertake heritage site assessment(s) of the remaining fabric, including consideration of options for reconstruction, adaptation and re-use and ruin stabilisation potential. The Defence Heritage Panel can assist you with these tasks, see www.defence.gov.au/im/business/panels.

5. Salvage significant historic fabric and artefacts and arrange for their suitable storage. Salvaged items may be able to be re-used in restoration works, or for future interpretation of the site.

Page 14: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet G

herItage contacts

The following is a list of people both within Defence Heritage and Biodiversity Conservation and out in the regions who you can contact when you need assistance with managing heritage issues.

Director, Defence Heritage and Biodiversity Conservation

Ph: 02 6266 8060

Senior Environmental Managers

South AustraliaSenior Environmental ManagerPh: 08 8259 7230

ACT/Southern NSWSenior Environmental ManagerPh: 02 6266 8724

Riverina Murray ValleySenior Environmental ManagerPh: 02 6055 2859

Western AustraliaSenior Environmental ManagerPh: 08 9311 2252

Central Northern NSWSenior Environmental ManagerPh: 02 4964 7339

Victoria and TasmaniaSenior Environmental ManagerPh: 03 9282 3099

North QueenslandSenior Environmental ManagerPh: 07 4771 7289

Sydney CentralSenior Environmental ManagerPh: 02 9377 2250

Northern Territory/KimberleySenior Environmental ManagerPh: 08 8935 4675

South QueenslandSenior Environmental ManagerPh: 07 3332 7721

Sydney West SouthSenior Environmental ManagerPh: 02 8777 5161

Page 15: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet h

herItage — deFence’s legal oblIgatIons

All Commonwealth Agencies, including the Department of Defence are required to comply with the requirements of the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

The EPBC Act protects heritage values on Commonwealth land. It includes the rules and procedures that Commonwealth agencies (such as Defence) must follow to manage and protect heritage values on land they own, care for, affect or control. All properties with heritage values owned and managed by Defence must now be managed in accordance with the principles detailed in the EPBC Act.

The Department of Defence is required to make all reasonable steps to assist the Minister for Environment and Water Resources, and the Australian Heritage Council, with identifying, assessing, monitoring and managing heritage values of areas that are under its control.

The Australian Heritage Council is an independent body of heritage experts established through the Australian Heritage Council Act 2003. The Council’s role is to assess the values of places nominated for the National Heritage List and the Commonwealth Heritage List, and to advise the Minister for the Environment and Water Resources on conserving and protecting listed values. The Council may also nominate places with heritage values to these lists. The Council also maintains the Register of the National Estate.

Defence has always valued its special heritage places, but this new cooperative and transparent system is more pro-active and strategically focused than the previous system for managing Australia’s heritage. It means that Defence, and all Commonwealth agencies, now have to identify the heritage values of all their assets, and consider heritage in plans for operational change and expansion, and in their strategic planning.

By following the steps in the flowchart (overleaf) all members of Defence will be ensuring that they are protecting the heritage values of any site that they are having an impact on and Defence’s legal obligations are met.

Page 16: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

PR

OJe

ct

/ac

tIV

ItY

For e

xam

ple:

CSIR

, red

evel

opm

ent,

mai

nten

ance

, dem

oliti

on, m

ilita

ry ex

erci

se.

Mod

ify a

ctio

n to

be

cons

isten

t whe

re

poss

ible

. Lia

ise w

ith

DHM

/REO

/SEM

. De

term

ine

if ad

vice

of

the

Min

ister

for

the

Envi

ronm

ent a

nd

Wat

er R

esou

rces

is

requ

ired.

Proc

eed.

Liai

se w

ith

DHM

/REO

/SEM

to

dete

rmin

e im

pact

on

val

ues.

This

may

re

quire

Her

itage

Im

pact

Sta

tem

ent/

HMP

prep

arat

ion,

or

an E

nviro

nmen

tal

Clea

ranc

e Ce

rtific

ate

(ECC

), or

no

actio

n.

Is a

ctio

n co

nsist

ent

with

HM

P?Ca

n yo

u m

odify

act

ivity

to

not i

mpa

ct o

n va

lues

?Li

aise

with

DHM

, and

det

erm

ine

if

valu

es im

pact

ed b

y ac

tivity

.

Proc

eed.

Liai

se w

ith D

HM/S

EM

to d

eter

min

e wh

ethe

r EC

C ca

n be

issu

ed.

Proc

eed.

Liai

se w

ith S

EM/D

HM

to d

eter

min

e im

pact

on

val

ues.

This

may

re

quire

HIA

/HM

P pr

epar

atio

n,

or a

n EC

C.

Proc

eed.

Mod

ify a

ctio

n to

be

cons

isten

t with

HM

P wh

ere

poss

ible

. Lia

ise w

ith

DHM

/REO

/SEM

to d

eter

min

e if

an

ECC

can

be is

sued

or t

he a

dvic

e of

th

e M

inist

er fo

r the

Env

ironm

ent

and

Wat

er R

esou

rces

is re

quire

d.

Proc

eed.

Yes.

No.

Yes.

No.

Yes.

No.

Yes.

No.

May

be.

Yes.

No.

Yes.

No.

Is a

ctio

n co

nsist

ent w

ith th

e

Herit

age

Man

agem

ent P

lan?

Is th

ere

a De

fenc

e He

ritag

e

Man

agem

ent (

DHM

) en

dors

ed H

MP?

Are

thes

e va

lues

im

pact

ed b

y ac

tivity

?

Proc

eed.

Yes.

No.

No.

Yes.

Is th

ere

a He

ritag

e M

anag

emen

t Pla

n (H

MP)

end

orse

d by

the

M

inist

er fo

r the

Env

ironm

ent a

nd W

ater

Res

ourc

es?

Is it

on

the

Regi

ster o

f the

Nat

iona

l Esta

te/o

ther

lists

/or i

s it k

nown

to c

onta

in

pote

ntia

l her

itage

val

ues?

Che

ck w

ith S

enio

r Env

ironm

enta

l Man

ager

(SE

M)/

Regi

onal

Env

ironm

enta

l Offi

cer (

REO)

/DHM

.

Yes.

No.

Is th

e sit

e on

the

Co

mm

onwe

alth

Her

itage

List

/ Na

tiona

l Her

itage

List

?

(Development of HMP)

SEM

Se

nior

Env

ironm

enta

l Man

ager

RED

Regi

onal

Env

ironm

enta

l Offi

cer

HMP

Herit

age

Man

agem

ent P

lan

CSIR

Cor

pora

te S

ervi

ces a

nd In

frastr

uctu

re R

equi

rem

ents

DHM

Def

ence

Her

itage

Man

agem

ent

HIA

Herit

age

Impa

ct A

sses

smen

tEC

C En

viro

nmen

tal C

lear

ance

Cer

tific

ate

Page 17: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact sheet I

envIronmental clearance certIFIcates and herItage

environmental Impact assessment and clearance

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), Defence must obtain approval from the Commonwealth Minister for the Environment and Water Resources (Environment Minister) for any Defence action that has, will have, or is likely to have a significant impact on the environment within or beyond Australia. Defence actions that are not likely to have a significant impact on the environment may still require internal Department approval in the form of an Environmental Clearance Certificate (ECC).

Environmental (including heritage) constraints and risks for a project or activity are best identified and considered at the planning stage and included in the allocation of funding and scheduling for the project. The cost of environmental impact assessment and mitigation measures for a project or activity should therefore be included in the budget for that project or activity.

Departmental Instruction No. 40/03 provides further guidance on the above obligations. Regional Environment Officers can provide advice on specific project requirements.

environment clearance certificate (ecc)

Where an activity is unlikely to have a significant impact on the environment, Defence uses an Environmental Clearance Certificate (ECC). ECCs can impose conditions that must be adhered to in the undertaking of the activity to ensure environmental impacts are removed or minimised. They are an internal Defence mechanism used to impose constraints and safeguards upon activities, to ensure Defence maintains its high level of environmental management and avoids risks to projects or activities.

For further information on environmental (including heritage) approvals follow the link: http://defweb.cbr.defence.gov.au/im/ecc/main.htm

Page 18: tOOLKit - Department of Defence

Fact sheet J

the deFence herItage panel advIsory servIce

What is it?

The Defence Heritage Panel Advisory Service provides telephone, email or in-person advice to Defence users on heritage issues. The service utilises the skills of some of Australia’s foremost leaders in the heritage industry operating under the Defence Heritage Panel Agreement. The Defence Heritage Panel, established in February 2004, is building an industry understanding of Defence heritage needs and operational requirements.

What is it supposed to do?

The aim of the Defence Heritage Panel Advisory Service is to:

• provide quick heritage advice and guidance and enable projects to progress;

• provide practical heritage advice and innovative solutions to a range of Defence users whilst enabling our core business to continue;

• prevent “showstoppers” down the track and save time and money in the longer term;

• provide strategic direction to achieve the most appropriate response to heritage issues across Australia; and

• allow Defence to make good heritage management decisions at all levels by utilizing some of the most experienced and reputable professional heritage consultants available.

Who uses it and why?

The Defence Heritage Panel Advisory Service (DHPAS) caters for both regional and national Defence staff and related contractors who are involved in the planning and management of Defence sites. Some examples of when you may need to use the DHPAS include:

• you need to know how new heritage legislation affects your activities at your site;

• you have a specific heritage issue at your site that you need advice and guidance on;

• you are redeveloping a site and you are not sure how heritage may affect you/your planning;

• you want to maintain/modify a building and you are not sure how to proceed;

• you need to determine the heritage values of a site and how to manage it;

• you want to dispose of a site and you are not sure of your obligations.

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Page 19: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

What kind of tasks can I get done?

Examples of tasks that the Defence Heritage Panel Advisory Service can undertake include:

• general heritage queries;

• input and direction prior to the Statement of Requirement phase for projects, to ensure strategic heritage issues are adequately addressed;

• limited site inspections to provide basic or interim framework and direction for managing heritage issues;

• preliminary advice for alterations or conservation work to be undertaken to heritage places, including advice on heritage issues arising during redevelopment or construction projects;

• conduct of education and information sessions on Defence heritage issues;

• advice on previously prepared Heritage Management Plans and Heritage Maintenance Plans;

• heritage value assessments for single small buildings or items;

• advice with respect to Building Code of Australia (BCA) compliance issues and dispensations available for heritage buildings;

• strategic direction on problems involving heritage matters, including:

– interpretative opportunities and concepts

– Indigenous heritage issues

– adaptive re-use

– heritage landscape management

– archaeological survey

– demolition and recording

– condition assessment

– heritage management tools

– natural heritage issues.

how do I make it happen?

Contact Defence Heritage and Biodiversity Conservation (DH&BC) or the relevant Senior or the Regional Environmental staff (SEM or REO) who will put you in touch with the relevant Panel member. After a task is established, you will deal directly with the DHPAS member.

Each heritage related task will be funded by DH&BC from as little as one (1) hour input up to a limit of sixteen (16) hours professional time input, on an hourly rate basis. Additional time, if required and unless otherwise agreed with DH&BC, will be the responsibility of the user of this service, and is to be negotiated during the service provision direct with the relevant Defence Heritage Panel member. Services at all times are provided under the Defence Heritage Panel Standing Contract Agreement. Use only one panel member for each heritage related task.

At the conclusion of a task, panel members will submit their advice to the Defence user and issue a copy to DH&BC for reference purposes. Defence users are required to issue to the panel member written or email confirmation that they are satisfied with the service provision and that it meets their immediate requirements. The panel member sends this confirmation to DH&BC, effecting payment for the Heritage Advisory Service provided.

Who pays?

The Defence Heritage Panel Advisory Service is an initiative of DH&BC. It is not intended that this service replace or provide an alternative to the already established system, involving procuring heritage advice from the Defence Heritage Panel through the formal tender bid process, for clearly defined projects of a reasonable scope above $5,000 in value.

Who do I contact?

If your task is regional, contact your local Senior Environmental Manager.

If your task is not regional, contact DH&BC:

Defence Heritage and Biodiversity ConservationContact: Rick Zentelis, DirectorEmail: [email protected]

Page 20: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

Fact Sheet K

Frequently asked questions

What is heritage value?

The term “heritage values” means all the aspects of a place that give it special meaning or make it important to the community. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) creates different levels of management of heritage values. These levels of heritage value are established by applying heritage criteria and thresholds and for the various levels of listing:

• The National Heritage List criteria;

• The Commonwealth Heritage List (CHL) criteria; and

• The Register of the National Estate criteria.

The EPBC Act protects all kinds of heritage values from impacts that might damage or destroy those values.

Heritage values are the aspects of a place or thing that give it special meaning to the community. Places or things can be valued for many reasons including their natural, Indigenous and historic qualities, often in combination.

Heritage can take many different forms—old buildings are just a fraction of the Defence’s heritage estate, but they are an obvious part. A place or thing does not have to be particularly old to be of heritage value and it can be the associated stories, memories and beliefs that make a place important to communities.

The primary considerations in assessing heritage value are: historical values, rarity, aesthetic appeal, technical significance, social importance, associations and importance as part of Indigenous cultural traditions. Places and things with heritage values can include:

Buildings and Structures that may have heritage value if they are linked to a renowned designer, builder or other important person, if they have aesthetic appeal or are important for technical reasons. A building or structure might be linked to an important event or might be significant because it is a rare or exceptional example of its type.

Things, also known as “items”, “moveable heritage” and “artefacts”, include photographs, furniture, machinery, trophies and toys. These may also have heritage value for their rarity, aesthetic appeal, technical significance and social importance.

Often the value of a thing is linked to its location. For example, it would compromise the heritage values of the furniture collection at Duntroon House if it were removed from there.

The study of technological items (such as a Spitfire engine or artillery) is often referred to as “industrial archaeology”.

Page 21: tOOLKit - Department of Defence

how is heritage protected?

Heritage is protected through legislation and through a management system that implements the legislation. An important part of heritage management is the identification and listing of valued places and items. Defence has a well established Heritage Register in which we have compiled all Defence owned and controlled places which are listed on State or federal lists.

Does Defence own or control many heritage places?

Currently Defence has in excess of 200 sites listed on the Register of the National Estate, 126 properties on the Commonwealth Heritage List, and some Defence training areas and properties are in or adjacent to World Heritage Listed sites.

What is a management plan for a heritage place?

Defence has several management plans in place for our sites (see Fact Sheet D—Heritage Management Plans for further details).

What is a referral and do I need one?

One of the ways the EPBC Act protects heritage is through setting out a process to control “significant” or “adverse” impacts on heritage values. The Act controls adverse impacts on places on the CHL, while any other heritage values are also protected from “significant” impacts from actions by the Commonwealth through the need to refer these actions under ss26/28. This is a “referral”.

The process is reasonably complex because it aims to be comprehensive, though a referral will only be needed when there is no alternative to causing a significant impact on heritage values. If you need expert advice on this matter, go to Fact Sheet G—Heritage contacts.

What is the Defence estate Management system (DeMS) heritage Module?

The Defence Estate Management System is a national database that contains planning, maintenance, and budgeting information on all of Defence’s assets. It is a tool used by estate planners in the regions and at National Office to generate/receive/action works requests for maintenance tasks and it is also the tool used to prepare bids for works.

The DEMS heritage module was developed to fulfil requirements of the EPBC Act amendments, primarily the Defence Heritage Register and reporting information. It also acts as a useful reference for most Defence Estate managers, and is a useful vehicle to deliver relevant heritage information and guidance and even heritage management plans and assessments.

The Heritage Module flags all relevant Defence properties with one or more heritage values as detailed below:

• Commonwealth Heritage List (CHL);• Register of the National Estate;• State Heritage lists;• Local heritage lists; and• Other sites that may have some significance.

The Heritage Module also needs to report on Defence’s heritage performance as determined by requirements of the EPBC Act amendments as per 1 January 2004. Reports have been developed to identify what sites Defence owns that are heritage listed, how many of these sites have management plans, and other information that helps Defence plan and manage its heritage sites.

What is the Defence eNVIRONMeNt aND heritage Panel (DehP)?

The DEHP is a panel of consulting firms who can provide environment and heritage advice to Defence. The DEHP has three heritage members: Environmental Resources Management (ERM), Woodhead International and Godden Mackay Logan (GML). The DEHP support Defence Heritage and Biodiversity Conservation in meeting their obligations under the legislation and some of the supporting services they can provide include:

• Advisory Services;

• Heritage Management Plans;

Page 22: tOOLKit - Department of Defence

F r o m a p r o u d p a s t . . . t o a b e t t e r F u t u r e

• Management Tools, Protocols and Procedures;

• Condition Assessments, Building Appraisals, Heritage Works and Maintenance Plans;

• Heritage Assessments;

• Indigenous Archaeological investigations, advice and consultation;

• Heritage Audits and Statutory Compliance Reviews; and

• Archaeological works and monitoring.

In some cases you may need to use an Environmental member of the DEHP for broader environmental advice. Contact your Regional Environment Officer for further details on how to do this.

Where does heritage fit in at Defence?

Defence is responsible for an important legacy that has been built up through its history: a legacy of land, places, buildings, memories and stories. Together these make up a rich and valued heritage. Of the 336 sites on the Commonwealth Heritage List announced in July 2004 (www.environment.gov.au/minister/env/2004/mr14jul204.html), the majority are owned or controlled by Defence. Defence maintains its own Heritage Register of the 126 facilities, sites and buildings on the Commonwealth Heritage List and in excess of 250 sites on the Register of the National Estate for which we have management responsibility.

The 2004 heritage amendments to the EPBC Act changed the approach to the management of heritage places for the Commonwealth. The main features of these amendments are:

• a National Heritage List of places of national heritage significance;

• a Commonwealth Heritage List of heritage places owned or managed by the Commonwealth;

• the creation of the Australian Heritage Council—an independent expert body to advise the Minister on the listing and protection of heritage places; and

• continued management of the Register of the National Estate.

Defence is now legally required to undertake the following activities:

• Prepare a Heritage Strategy within the first two years of commencement of the amendments. Defence was amongst the first Commonwealth agencies to implement its Heritage Strategy. The Defence Heritage Strategy is available at www.defence.gov.au/environment/defenceheritagestrategy.pdf

• Compile a Register of properties with heritage values.

• Undertake a heritage assessment of all property owned or controlled by Defence.

• Assist the Minister for the Environment and Heritage and the Australian Heritage Council in the identification, assessment and monitoring of all Defence properties with listed heritage values.

• Prepare Management Plans for places included on the National and/or Commonwealth Heritage Lists. These Management Plans can be endorsed by the Minister for the Environment and Heritage, which means that activities taken in accordance with an endorsed plan do not require a request for advice.

• Minimise adverse impacts on places with heritage values.

• Seek the advice of the Minister for the Environment and Heritage about actions with the potential to have a significant impact on a Commonwealth Heritage listed place, unless the actions are in accordance with an endorsed Management Plan.

• Provide ongoing protection of the heritage values of a place that is on the CHL when selling or leasing a property.

It is important to note that both civil and criminal penalties apply to individuals and organisations if an activity with a significant impact on heritage values is undertaken without approval from the Minister for the Environment and Heritage. Injunctions can also be sought by any person, which can have severe time and financial costs for Defence activities and major infrastructure projects.

how is heritage considered in Defence Business?

Defence has a formal business process for planning, development and approval of infrastructure requirements and associated projects. The Asset Development Process involves the identification of a requirement and the subsequent development approval and delivery of a facility or asset, which is assessed against strategic guidance and Defence capability planning. The Corporate Services and Infrastructure Requirements (CSIR) then goes through two levels of planning and analysis called the First Stage and Second Stage.

Page 23: tOOLKit - Department of Defence

how does heritage fit into the Defence environmental Management System (eMS)?

The Defence EMS is a continual cycle of improving the processes and actions that the organisation undertakes to meet its environmental obligations and to demonstrate Defence’s ethic of “stewardship for the environment”. The Defence EMS focuses on a cycle of continual improvement in environmental performance and is consistent with key elements found in many different EMS models.

Heritage issues are considered during the EMS driven environmental risk process undertaken at sites, and if it comes up as an issue, planning and development of heritage management plans are undertaken, and then once finalised, key recommendations are implemented. Heritage issues are also audited under the EMS audit process, and this ensures that recommendations are being followed and key actions undertaken at sites. Essentially, heritage is just another element of the environment and is rolled into the existing EMS framework.

can heritage places be modified?

As long as every effort is made to ensure that the heritage values of the place are not adversely affected, then most modifications can be undertaken on heritage places. (see Guide 3)

can heritage places be disposed of?

Of course heritage places can be sold, the only provisions being that some effort must be made to ensure that the heritage values of the site are protected during the sale process and by the new owner. The EPBC Act has specific provisions for this. Contact the heritage team for further information on this and see Guide 5

Who can help me with Defence heritage issues?

Defence Heritage and Biodiversity Conservation (DH&BC) is located within the Defence Support Group (DSG), and has been established to assist in the strategic management of Defence’s heritage assets and places. They have provided a number of tools and management aids to assist Defence Personnel in appropriately managing heritage places and values.

DH&BC is committed to providing advice and assistance with Defence heritage issues, ranging from minor works proposals to redevelopment programs and the disposal of property. DH&BC has developed a robust working relationship with the Department of Environment and Heritage to ensure heritage issues can be explored to find a balanced outcome that satisfies heritage obligations and Defence capability requirements. Defence will continue to foster this relationship to ensure satisfaction with its management of heritage issues both for the Commonwealth and for the community.

Who can I ask for more information?

Director, Defence Heritage and Biodiversity Conservation

Ph: 02 6266 8060

Senior Environmental Managers

South AustraliaSenior Environmental ManagerPh: 08 8259 7230

ACT/Southern NSWSenior Environmental ManagerPh: 02 6266 8724

Riverina Murray ValleySenior Environmental ManagerPh: 02 6055 2859

Western AustraliaSenior Environmental ManagerPh: 08 9311 2252

Central Northern NSWSenior Environmental ManagerPh: 02 4964 7339

Victoria and TasmaniaSenior Environmental ManagerPh: 03 9282 3099

North QueenslandSenior Environmental ManagerPh: 07 4771 7289

Sydney CentralSenior Environmental ManagerPh: 02 9377 2250

Northern Territory/KimberleySenior Environmental ManagerPh: 08 8935 4675

South QueenslandSenior Environmental ManagerPh: 07 3332 7721

Sydney West SouthSenior Environmental ManagerPh: 02 8777 5161

Page 24: tOOLKit - Department of Defence

Guide 1

Acquisition And HeritAge

Purpose of this guide

The acquisition guide outlines the need for Defence personnel to consider heritage values when investigating the acquisition (including lease) of new facilities and training areas. It does not replace the need for legal advice, or any other due diligence processes or procedures Defence may be advised to follow prior to consideration of purchase, lease, or use.

KeY issues to consider

Consider heritage when acquiring property

From time-to-time Defence will need to acquire, through purchase or lease, a new property, or use land that belongs to another authority, state or local government or private owner. This may be in the form of a city building, a land holding to be added to a training base, or an area of coastal waters. Newly acquired or leased properties may have heritage or environmental values that Defence is then obliged to manage.

Wherever possible, the planned Defence use of the property to be purchased should be identified and a Heritage Assessment undertaken to determine any limitation that may apply to the projects.

Determine the heritage values of the property

Before buying or leasing a property it is usual to seek legal advice concerning the statutory status of a property, through a title search. This search should inform Defence whether a property is heritage listed or not, and usually basic reasons why the place has heritage values. Further enquiries made through current owners, estate managers, traditional owners, and state, local and heritage authorities may provide more detailed information.

Often only rudimentary or incomplete information is identified through a title search or existing information search, and Defence may be advised to undertake further heritage analysis of listed known heritage places it wishes to purchase, lease, occupy or use. One of the most effective ways to proceed in this case is to commission a Heritage Assessment to identify the heritage values of the place, and outline the statutory requirements that apply, or are likely to apply to the place (Commonwealth, state and local government level). More information and the standard statement of requirement template for Heritage Assessments can be found in Guide 6 — Defence Guide to Heritage Management Planning.

Guide 1 — Acquisition And HeritAGe 1

Page 25: tOOLKit - Department of Defence

acquisition and heritage checklist

Steps Finding the answer

Step 1 — Undertake a title search Check the Australian Heritage Database at www.environment.gov.au/cgi-bin/ahdb/search.pl

You should also check State and local heritage registers

Step 2 — If step 1 provides insufficient information, make further inquiries through current owners, estate managers, traditional owners, planning and heritage authorities

Defence Heritage and Biodiversity Conservation (DH&BC) and regional environmental staff can help you, intranet.defence.gov.au/environment or www.defence.gov.au/environment/contacts

Step 3 — If step 2 provides insufficient information, identify any heritage values at the place and any statutory requirements that apply or are likely to apply to the place by undertaking a Heritage Assessment

See Guide 6 — Defence Guide to Heritage Management Planning for further details and information

DH&BC and regional environmental staff can help you, intranet.defence.gov.au/environment or www.defence.gov.au/environment/contacts

Step 4 — Consider any heritage implications as part of the decision to acquire this site

� Guide 1 — Acquisition And HeritAGe

Page 26: tOOLKit - Department of Defence

Guide 2

Strategic and MaSter Planning

Purpose of the guide

The Strategic and Master Planning Guide is for Defence personnel needing to obtain information or guidance on managing heritage issues where they may impact on strategic or master planning exercises. (Note that capital works are dealt with in Guide 3 — Capital works, redevelopment and making changes).

How to include heritage in the planning process

Most Defence strategies and policies relating to development will result in some form of impact on the environment, which includes heritage. A heritage place can be a location, area or region that has cultural, natural, Indigenous or historic value.

Managing a site that has heritage issues can require additional time, consideration and funding and this needs to be factored into the planning process. Careful consideration needs to be given to whole of life management, as well as any initial time and cost implications associated with any required consultant reports, consultation (particularly with Indigenous groups), or Environment Protection and Biodiversity Conservation (EPBC) referrals.

EPBC Act referrals are made to the Department of the Environment and Water Resources, who has the final say on whether or not Defence can undertake certain activities. This can mean lengthy time delays in decisions and can also place limitations on what Defence can and can’t do. The preference is to avoid this by ensuring that Defence manages its heritage carefully and where possible avoids having a significant impact on heritage values during all activities.

KeY iSSueS TO CONSideR

What do I do first? Identify potential heritage issues in high level planning and flag identified issues for more detailed consideration. For example, which heritage listings may apply to the site.

How do I include heritage? Use detailed information in concepts development and strategic and master planning. Accurate technical information will help you design facilities that allow for operational flexibility, whilst meeting legislative requirements. Flag heritage issues clearly in more detailed concept development and clearly set out options and their ramifications, such as possible referral under EPBC. The relevant Senior Environmental Manager can help you here. The Defence Heritage Panel can be used to provide more detailed information and options.

How do I avoid delays? Suggest options that have minimal impacts on heritage values wherever possible to avoid delays and triggering the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Note that allowance must be made for sufficient timing and funding in project processes, particularly where impacts to heritage values can’t be avoided.

Guide 2 — STRaTeGiC aNd maSTeR PlaNNiNG 1

Page 27: tOOLKit - Department of Defence

2 Guide 2 — STRaTeGiC aNd maSTeR PlaNNiNG

Tools to assist in identification and management

There are many tools that can assist you to identify, assess, and then manage your site’s heritage values and planning issues.

Defence Heritage web site

The Defence Heritage web site contains the list of all Defence heritage properties and thus is a quick and easy reference tool to check your site. Have a look at www.defence.gov.au/environment

Defence Estate Management System (DEMS)

Defence personnel with access to DEMS can view all Defence Heritage listings throughout Australia. The DEMS heritage module also includes further information about heritage sites, for example why they are important, and may even have a copy of the latest Heritage Management Plan that you can download to help you manage your project.

Commonwealth Heritage List (CHL)

The CHL comprises places of natural, Indigenous and historic value that are on Commonwealth land or waters or are under Commonwealth Government control. The list contains further information about what the site’s values are, and is maintained by the Department of the Environment and Water Resources. See their web site for more information www.environment.gov.au

Environmental Management Plans (EMPs) and Environmental Management Systems (EMS)

Many Defence establishments have developed and implemented EMPs and Environmental Management Systems, which should identify the heritage values for a particular site. See your Senior Environmental Manager for more information.

Heritage Management Plans (HMPs) and Conservation Management Plans (CMPs)

Any site on the Commonwealth Heritage List or the National Heritage List that is owned or leased by Defence is required by legislation to have a current Management Plan. Defence is currently implementing this target and has many sites with current HMPs. An HMP provides details about the specific heritage values of a site, including building descriptions, acceptable alterations, and management recommendations during standard activities, including redevelopment and capital works.

Consultation

Consultation with Defence Heritage and Biodiversity Conservation and the site’s regional environmental staff in the initial stages of planning can help identify and understand any heritage issues that apply to your site, and how they might be addressed. The Defence Heritage Panel members can also help you with advice and guidance (through the Defence Heritage Panel Advisory Service — see www.defence.gov.au/environment for details). In some instances consultation with community groups may be advisable to gather information and keep interested parties informed. To some degree Defence Heritage and Biodiversity Conservation (DH&BC) can advise you whether this is necessary.

Page 28: tOOLKit - Department of Defence

Guide 2 — STRaTeGiC aNd maSTeR PlaNNiNG �

strategic and master Planning checklist

Steps Finding the answer

1. Find out if the site is on the Commonwealth Heritage List/National Heritage List/Register of the National Estate

Check the Defence Heritage Registerwww.defence.gov.au/environment

Check the DEMS estate register for heritage flags

Check the Australian Heritage Databasewww.environment.gov.au/cgi-bin/ahdb/search.pl

2. Find out if the site is not listed but has identified or potential heritage value

Check with DH&BC

Check with your region’s Senior Environmental Manager (SEM)

Check the DEMS estate register for heritage information

3. Find out more about the nature of the heritage values including cultural, natural, Indigenous historic values

See if there is a Conservation Management Plan (CMP), Heritage Management Plan (HMP) or Heritage Assessment for the place

Check that it is up to date

These plans are available in the DEMS system or by contacting the relevant SEM or DH&BC

4. Get advice for upcoming Strategic Business Case (SBC), Detailed Business Case (DBC), Public Works Committee (PWC) or strategic or master planning exercises

Check with DH&BC if you need further advice

If so, you can use the Defence Heritage Panel who provide advice through the Defence Heritage Panel Advisory Service. For further information speak to the relevant SEM, DH&BC or go to their web site www.defence.gov.au/environment

In some cases you’ll need to develop a Heritage Impact Assessment for proposals that may affect heritage values. A standard statement of requirement (SOR) for these is available in this Guide under “Heritage Management Plans”

5. Allow for internal/external EPBC Act requirements

An Environmental Clearance Certificate (ECC) to be approved by the SEM or DH&BC may be required (see ECCs in this Guide).Referral to DEH may be required and DH&BC can help advise you on this process

Refer to Fact Sheet I

Early anticipation of these requirements will provide for sufficient timing and budget allowances to be made throughout the planning phase

Guide 2 — STRaTeGiC aNd maSTeR PlaNNiNG �

Page 29: tOOLKit - Department of Defence

GUIDE 3 — CapItal works, rEDEvElopmEnt anD makInG ChanGEs �

GUIDE 3

Capital works, redevelopment and making Changes

purpose of the guide

This guide relates to how heritage values and places must be managed in the context of development of a site. This may include redevelopment, demolition or activities that may impact on a site, including training exercises. Strategic and master planning are dealt with in Guide 2.

kEy issues to consider

What is heritage? Heritage values can be cultural, natural, Indigenous or historic, or a combination of the above. The Defence estate contains a rich and varied stock of heritage assets and these are important for a range of different reasons. Some are important to the history of Australia’s colonial history, others are important for geological and Indigenous heritage, while others are significant due to the crucial role they have played with respect to our military history and are of great importance to the Service they served.

Why do we have to manage it? Defence must manage its heritage assets in accordance with the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Heritage is a valuable non-renewable asset and Defence must consider any identified or even potential heritage values at all its sites. Where feasible, every effort must be made to protect the heritage values of sites during redevelopment. See Fact Sheet H for further information about Defence’s legal obligations.

When should I consider heritage issues? Identification and management of heritage values must be considered early in any planning process. This way accurate allowances for time and cost implications can be made, and options considered that allow for potentially conflicting considerations (ie heritage and capability) to be reconciled.

What’s the benefit of looking after our heritage? There are many benefits of appropriately caring for our heritage. Firstly, Defence will avoid triggering the EPBC Act, which can result in delays in time and increase in project costs and in extreme cases can prevent Defence from undertaking our activity entirely; other benefits can include the conservation of those areas and places of particular importance to our service personnel, increased opportunities for building on connections with local communities, improving the quality of the Defence working environment, and in some cases can enhance recruitment and retention. Early consideration of heritage values provides opportunities for incorporation of key elements that are important to our Military and Australians generally, and helps to keep stories and traditions alive.

How? You must first identify if your site has heritage values. Check to see if your site has a Heritage Management Plan. These are useful tools that clearly outline work that may be carried out without the need for further approval or referral. It will also outline general principles that will guide the kind of work likely to be carried out by contractors at the site. The checklist at the end of this guide can help you with the steps you need to follow as will the next section.

Who can help me? Where there is doubt regarding the permissible scope of works or appropriate work method, consultation with your Senior Environmental Manager (SEM) or Regional Environmental Officer (REO) is necessary. This may also involve consultation with Defence Heritage and Biodiversity Conservation (DH&BC).

Page 30: tOOLKit - Department of Defence

� GUIDE 3 — CapItal works, rEDEvElopmEnt anD makInG ChanGEs

tools to assist in identification and management

There are many tools that can assist you to identify, assess, and then manage your site’s heritage values and planning issues.

Defence Heritage web site

The Defence Heritage web site contains the list of all Defence heritage properties and thus is a quick and easy reference tool to check your site. Have a look at www.defence.gov.au/environment

Defence Estate Management System (DEMS)

Defence personnel with access to DEMS can view all Defence Heritage listings throughout Australia. The DEMS heritage module also includes further information about heritage sites, for example why they are important, and may even have a copy of the latest Heritage Management Plan that you can download to help you manage your project.

Commonwealth Heritage List (CHL)

The CHL comprises places of natural, Indigenous and historic value that are on Commonwealth land or waters or are under Commonwealth Government control. The list contains further information about what the site’s values are, and is maintained by the Department of the Environment and Water Resources. See their web site for more information www.environment.gov.au

Environmental Management Plans (EMPs) and Environmental Management Systems (EMS)

Many Defence establishments have developed and implemented EMPs and Environmental Management Systems, which should identify the heritage values for a particular site. See your Senior Environmental Manager for more information.

Heritage Management Plans (HMPs) and Conservation Management Plans (CMPs)

Any site on the Commonwealth Heritage List or the National Heritage List that is owned or leased by Defence is required by legislation to have a current Management Plan. Defence is currently implementing this target and has many sites with current HMPs. An HMP provides details about the specific heritage values of a site, including building descriptions, acceptable alterations, and management recommendations during standard activities, including redevelopment and capital works.

Consultation

Consultation with Defence Heritage and Biodiversity Conservation and the site’s regional environmental staff in the initial stages of planning can help identify and understand any heritage issues that apply to your site, and how they might be addressed. The Defence Heritage Panel members can also help you with advice and guidance (through the Defence Heritage Panel Advisory Service — see www.defence.gov.au/environment for details). In some instances consultation with community groups may be advisable to gather information and keep interested parties informed. To some degree Defence Heritage and Biodiversity Conservation (DH&BC) can advise you whether this is necessary.

Page 31: tOOLKit - Department of Defence

GUIDE 3 — CapItal works, rEDEvElopmEnt anD makInG ChanGEs 3

Guidelines for heritage management during capital works and redevelopment

Consider compromises

There are numerous activities that are compatible with protecting and managing heritage values. It should never be assumed that an activity or initiative cannot proceed because a site has heritage value. Consider options where feasible that allow the activity to occur in a modified way.

Avoid impacts to heritage values

It is Defence policy to avoid negative impacts on our heritage sites and their values wherever possible. On occasions when projects require some compromise to proceed, it is important to remember that heritage conservation is about protecting these values, not necessarily the buildings or fabric and this can often lead to more flexibility than initially identified. Consider all prudent and feasible alternatives to demolition or major alteration to a heritage place.

Sometimes there may be no prudent or feasible alternative, however often there will be, including adaptive re-use, sympathetic infill, or avoiding specific areas. By looking at all alternatives Defence can make a genuine case for any possible impact to heritage values and this will be useful if a referral to the Department of the Environment and Water Resources needs to be made.

Ensure there is adequate resourcing for heritage management

Heritage planning and management considerations may require additional time and/or money during both the planning and implementation phases of a project.

Keep everyone in the loop

Managing capital works and redevelopments on Defence properties often involves the use of external independent contractors. Contractors are often responsible for major works, alterations or repairs to existing structures, modifications to existing buildings, installing new lighting and services, and developing landscapes and open spaces. All of these actions have the potential to impact on the heritage values of a place. Defence personnel must ensure that contractors are informed of relevant heritage considerations through project briefings and site induction procedures.

keeping contractors informed

Step 1 All statement of requirement (SOR) and contracts must alert contractors to heritage issues and specify particular work practices where these are required. Reference should be made to any heritage management plans or other relevant heritage documentation and copies should be made available. Contact your REO for further information.

Step 2 Ensure appropriately qualified and experienced contractors are used. Sometimes heritage places require tradespeople with traditional carpentry or masonry works skills, or a competency in an unusual trade such as lead work.

Step 3 Ensure that contractors observe requirements as they are set out in DEMS and know who the relevant regional environmental staff are when required.

Step 4 Provide contractors with a copy of the Defence Heritage Management Plan and Heritage Handbook for the site, where available.

Page 32: tOOLKit - Department of Defence

� GUIDE 3 — CapItal works, rEDEvElopmEnt anD makInG ChanGEs

Capital works and redevelopment checklist

Steps Finding the answer

1. Find out if the site is on the Commonwealth or National Heritage Lists, or on the Register of the National Estate

Check the Defence Heritage Register

Have a look at the Defence Heritage web site www.defence.gov.au/environment

Check the Australian Heritage Databasewww.environment.gov.au/cgi-bin/ahdb/search.pl

Check the DEMS estate register for heritage flag

2. Find out if the site is not listed but has identified or potential heritage value (as this will still need to be addressed under EPBC legislation)

Check with DH&BC

Check with your regional environmental staff• see Fact Sheet G — Heritage Contacts• check the DEMS estate register for heritage interest

3. Find out more about the nature of the heritage values — is it the buildings, or natural vegetation? Indigenous?

See if existing Conservation Management Plan (CMP), Heritage Management Plan (HMP) or Heritage Assessment for the place

Check that it is up to date

These plans are available in the DEMS system or by contacting the relevant regional environmental staff or DH&BC

4. Determine whether you’ll need more information to proceed with activity — do you have enough guidance or need more?

Check with DH&BC if you need further advice

If you need more specific guidance you can use the Defence Heritage Panel who provides advice through the Defence Heritage Panel Advisory Service. For further information on this service speak to the relevant Senior Environmental Manager, DH&BC or go to the web site www.defence.gov.au/environment

In some cases you’ll need to develop a heritage impact assessment to look at plans that may affect heritage values. A standard statement of requirement (SOR) for these is available in Guide 6 — Defence Guide to Heritage Management Planning under “Heritage Management Plans”

The Defence Heritage Panel is available to develop these

5. Allow for internal/external referral requirements

Internal referral through an ECC (see ECCs in this guide) or external referral to DEH may be required. DH&BC and your regional environmental staff can help you with these.

Early anticipation of these requirements will provide for sufficient timing and budget allowances to be made throughout the planning phase.

Page 33: tOOLKit - Department of Defence

Guide 4

Maintenance

Purpose of this guide

This guide provides information on what to consider when undertaking maintenance at a Defence Heritage site.

Key definitions

Maintenance defines all the ongoing/repeatable tasks that should be undertaken regularly to keep places in good condition, and avoid costly large scale works being required down the track. It includes things like painting, cleaning gutters, weeding around downpipes, checking for termites in sub-floor spaces, and general cleaning.

Seek advice

For advice on maintenance matters, contact your Senior Environmental Manager or, a member of the Defence Heritage Panel using the Defence Heritage Panel Advisory Service (DHPAS). The answer to your query may be as simple as emailing a photograph of the problem area and getting a response the same day. See www.defence.gov.au/environment for more information on this Service.

Tools to assist in identification and management

There are many tools that can assist you to identify, assess, and then manage your site’s heritage values and planning issues.

Defence Heritage web site

The Defence Heritage web site contains the list of all Defence heritage properties and thus is a quick and easy reference tool to check your site. Have a look at www.defence.gov.au/environment

Defence Estate Management System (DEMS)

Defence personnel with access to DEMS can view all Defence Heritage listings throughout Australia. The DEMS heritage module also includes further information about heritage sites, for example why they are important, and may even have a copy of the latest Heritage Management Plan that you can download to help you manage your project.

Commonwealth Heritage List (CHL)

The CHL comprises places of natural, Indigenous and historic value that are on Commonwealth land or waters or are under Commonwealth Government control. The list contains further information about what the site’s values are, and is maintained by the Department of the Environment and Water Resources. See their web site for more information www.environment.gov.au

Environmental Management Plans (EMPs) and Environmental Management Systems (EMS)

Many Defence establishments have developed and implemented EMPs and Environmental Management Systems, which should identify the heritage values for a particular site. See your Senior Environmental Manager for more information.

Guide 4 — mainTenance 1

Page 34: tOOLKit - Department of Defence

maintenance checklist

Steps Finding the answer

1. Identify heritage values Just because it’s not on a heritage list doesn’t mean that it doesn’t have heritage value. Check with your regional environmental staff to be sure as non heritage listed sites can still have values that may be adversely affected, and risk triggering the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

This is because heritage values are broadly protected under the EPBC Act, whether they are listed or just identified in a heritage study for example. Provided the likely impact will not be significant the activity can proceed

2. Use Heritage Management Plans and other relevant guidance

Check to see if the site has a Heritage Management Plan (HMP) — the more current HMPs have specific guidance on what you can and can’t do on the site. If the site doesn’t have a HMP, perhaps it has other relevant documentation that can help. Check on DEMS and with your regional environmental staff. If a maintenance schedule or HMP doesn’t exist for the site, consider arranging for one to be prepared. Discuss this with regional environmental staff or DH&BC

3. Keep up regular maintenance Regular inspections and maintenance are essential, and save time and money down the track

4. If in doubt, don’t If in doubt about what the recommendations say, touch base with your regional environmental staff first. Some tasks will require specialist skills and contractors to undertake them. If in doubt, contact your Senior Environmental Manager, or a member of the Defence Heritage Panel

Heritage Management Plans (HMPs) and Conservation Management Plans (CMPs)

Any site on the Commonwealth Heritage List or the National Heritage List that is owned or leased by Defence is required by legislation to have a current Management Plan. Defence is currently implementing this target and has many sites with current HMPs. An HMP provides details about the specific heritage values of a site, including building descriptions, acceptable alterations, and management recommendations during standard activities, including redevelopment and capital works.

Consultation

Consultation with Defence Heritage and Biodiversity Conservation and the site’s regional environmental staff in the initial stages of planning can help identify and understand any heritage issues that apply to your site, and how they might be addressed. The Defence Heritage Panel members can also help you with advice and guidance (through the Defence Heritage Panel Advisory Service — see www.defence.gov.au/environment for details). In some instances consultation with community groups may be advisable to gather information and keep interested parties informed. To some degree Defence Heritage and Biodiversity Conservation (DH&BC) can advise you whether this is necessary.

� Guide 4 — mainTenance

Page 35: tOOLKit - Department of Defence

Guide 5

Disposal of heritage properties

PuRPOSe OF THiS Guide

This guide provides information on what you must consider when disposing of a Defence site.

KeY issues to consider

Heritage places in Defence ownership must be managed according to established heritage principles and legislation. The obligation to safeguard the heritage values of Defence property stays with Defence until disposal occurs. The ongoing protection measures post disposal required will depend on the place and its values, but may include contractual obligations for the purchaser, or listing on the appropriate State, Territory or local government heritage register.

It is important to note that specific provisions of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) apply to the disposal of all places on the Commonwealth Heritage

List. Ongoing protection measures will be required to ensure Defence meets these obligations.

deFeNCe diSPOSAL CHeCKLiST

You’ll need to protect any heritage values of your site during the sale process (Refer to Checklist overleaf).

Guide 5 — diSPOSAL OF HeRiTAGe PROPeRTieS �

Page 36: tOOLKit - Department of Defence

� Guide 5 — diSPOSAL OF HeRiTAGe PROPeRTieS

deFeNCe diSPOSAL checklist

Steps Finding the answer

1. Identify the values of your site

Firstly you will need to identify the heritage values of the site – check DEMS, ask the local environmental officer or look it up on the Australian heritage database http://www.environment.gov.au/cgi-bin/ahdb/search.pl

• Is the place listed on the Commonwealth Heritage List or the National Heritage List? If so it will need to be managed under special provisions set out by the EPBC Act. These are to ensure the values of the site will be protected during the sale process and afterwards.

• Is the place listed on the Register of the National Estate? While the CHL and NHL are the primary protected listings, RNE listed sites still need to be managed through the disposal process under the EPBC Act.

• If the place is not on the CHL or NHL, it may still have state or local significance, and so is still covered by the EPBC Act, and will need to have the values protected.

• In some cases there is no information on heritage values for a site. This does not always mean there is none.It doesn’t have to be listed to have values. Check with the relevant regional environmental officer to see whether further investigation may be required. If so, you may need to commission a heritage assessment via the Defence Heritage Panel. For information on this see Guide 6 of the Toolkit “Defence Guide to Heritage Management Planning”.

Remember: Heritage values can relate to:

• European built heritage (including archaeological potential and intangible values such as associations to a person or group),

• Indigenous cultural heritage (including archaeological potential and intangible values associated with mythical or ceremonial sites),

• Natural heritage (including aesthetics and view points).

Page 37: tOOLKit - Department of Defence

Guide 5 — diSPOSAL OF HeRiTAGe PROPeRTieS �

deFeNCe diSPOSAL checklist

Steps Finding the answer

2. Identify the best way to protect values at your site

Depending on your site’s values and level of listing (if it is listed, unlisted sites can still have values) there are different levels of protection that can be applied. There are also different approaches that can be applied depending on the values (ie whether they are tangible or intangible).

• For sites with little heritage values that don’t need a great deal of protection (ie not heritage listed, and any values not under threat), you can use an Environmental Clearance Certificate (ECC) and document what you have done to identify values, and any protection regime. See Fact Sheet I of the Defence Heritage Toolkit for further information about ECCs.

These measures can outlined in the Conservation Management Plan or by DHBC if the nature of the site is such that no formal due diligence has been undertaken,

• If there are more values or issues to consider, developing a disposal conservation management strategy (DCMS) to determine the best method of protection during and after sale is the best way to ensure you afford the site the right level of protection.

A DCMS can be as little as a paragraph or much more, depending on the requirements of each site. These can be done in house with the help of Defence Heritage, or the relevant Environmental officer, or by a member of the Defence Heritage Panel.

The management of tangible values might include protection of the building, site, curtilage, precinct or landscaping aspects that represent the values of the site.

A DCMS might manage intangible values such as the recognition of mythical places or the documentation of associative values if the values are not represented in a physical site or feature.

A DCMS might also include measures to manage natural heritage or aesthetic views by providing recommendations for the protection of nature reserve areas or viewsheds into the site.

Page 38: tOOLKit - Department of Defence

� Guide 5 — diSPOSAL OF HeRiTAGe PROPeRTieS

deFeNCe diSPOSAL checklist

Steps Finding the answer

2. Identify the best way to protect values at your site (continued)

For sites with a greater requirement for protection of its heritage values, methods of protection in the DCMS may include:

• advising prospective purchasers of heritage status and providing copies of relevant heritage management plans to assist them with management of the site;

• ensuring the contract includes a covenant to protect the CHL values of the place, as long as it can be enforced and will offer certainty that the heritage values will be maintained appropriately;

• entering into an conservation agreement with prospective purchasers for the protection and conservation of the place;

• entering the place in the appropriate state, territory or local government heritage register;

• agreement with the purchaser to enter the place in the appropriate state, territory or local government heritage register should be sought in the event that the property is later sold into private ownership;

• consideration of the possibility of a sale or lease to another Commonwealth agency as this allows the place to remain under the protection of Commonwealth heritage legislation. Disposal to a state or local government authority is also potentially beneficial in continuing ‘public’ use of the place;

• for some sites, public consultation well before the sale, and in some cases a communication strategy for the sale;

• for sites that are on the CHL, the requirement to write to the Minister for the Environment and Water Resources to inform of the sale or lease at least 40 days before executing the contract to inform him about the sale or lease, and how the values of the place will be protected. The Minister can respond with other suggestions on how to protect the place that you may need to pursue also.

Remember: The management and protection to the appropriate State and local level will be the responsibility of the purchaser as they plan and develop the site under the appropriate development application processes that apply to them.

Page 39: tOOLKit - Department of Defence

Guide 5 — diSPOSAL OF HeRiTAGe PROPeRTieS 5

deFeNCe diSPOSAL checklist

Steps Finding the answer

2. Identify the best way to protect values at your site (continued)

However, the EPBC Act does require that Commonwealth agencies avoid adverse and significant impacts to Commonwealth Heritage listed properties, and avoid significant impacts on the environment (of which heritage is a part) for unlisted sites that display heritage values.

It is a requirement that Defence identify the values and take appropriate steps to satisfy themselves that there will be either:

• no impact (because there are no values to be managed or protected),

• no impact because measures have been included via purchaser agreement or via covenant in the documentation that would be submitted to the Minister, or via listing at a State or territory level to ensure that the purchaser will undertake appropriate steps as part of their own development application process.

Remember: Disposal of a site is considered an “action” under the EPBC Act. If the Minister responds with further suggestions to ensure the appropriate protection of the heritage values, these need to be considered either as activities to be undertaken prior to sale, or as part of your sale agreement/disclosure documentation.

If the site is not CHL listed and so the Minister is not to be alerted in writing 40 days prior to sale, the potential referral triggers still need to be considered as part of the assessment process. The success of a referral would depend on the appropriateness of the management measures commensurate to the level of significance of the site and the potential impact. The DCMS will support your approach in managing the potential impacts to well below the threshold of significance. The means by which to reduce the level of significance of the impact may be any of those items noted above for instance.

Remember: Appropriate investigation and disclosure to a purchaser ensures that financial risk via the sale or later claims are avoided. It also helps to support the avoidance of impacts from a heritage perspective, which helps to fulfil Defence’s obligations under the EPBC Act.

Page 40: tOOLKit - Department of Defence

� Guide 5 — diSPOSAL OF HeRiTAGe PROPeRTieS

deFeNCe diSPOSAL checklist

Steps Finding the answer

3. Develop your conservation management strategy

If you need to develop a comprehensive disposal conservation management strategy for your site you will need to develop a Statement of Requirement, whenever possible for the Defence Heritage Panel, which should include:

1. Your covering letter to as per standard template provided in the Infrastructure Manual.

2. Project Outline

3. Scope of Services

Page 41: tOOLKit - Department of Defence

Guide 5 — ANNeX A TeMPLATe FOR A diSPOSAL CONSeRVATiON MANAGeMeNT STRATeGY �

Guide 5 ANNeX A

teMplate for a Disposal CoNserVatioN MaNageMeNt strategY

project outline

Purpose/executive summary

Outline here the level of detail required in your DCMS:

• just a heritage due diligence assessment for a site that has no/not enough information or a review of existing heritage assessments?

• Full review of existing information and development of management strategy?

• Is the disposal potentially sensitive and may require a communication strategy and public consultative process?

Background

Note the site(s) location, size and any relevant information that will assist in cost estimation including numbers of buildings on site.

What is the known heritage status of the site?

Note any previous issues of relevance from initial stakeholder consultation (eg with the State government) that could have a bearing on the need for heritage values management or communication strategy (if there is an acknowledged public interest in the site).

Note whether concurrent investigations may be taking place also, contamination and environmental studies.

Project Framework

Note here the management framework within the successful tenderer will work in, ie. who the project manager is, other relevant contacts etc

issues and Risks

Outline the key issues and risks here generally and specifically, ie.

“A key objective of the studies to be commissioned under this tender is to identify the attendant heritage risks and issues and develop costed management options.

Defence is committed to a best practice approach to the management of heritage issues at both sites in accordance with the Defence Heritage Strategy and EPBC Act requirements.

Heritage management options should be based on this best practice approach, as well as the constraints, opportunities and risks identified by the consultant.

Liaison with the Department of the Environment and Water Resources (formerly Department of the Environment and Heritage) as required.”

Programme

Include key tasks and timetable.

Page 42: tOOLKit - Department of Defence

� Guide 5 — ANNeX A TeMPLATe FOR A diSPOSAL CONSeRVATiON MANAGeMeNT STRATeGY

sCope of serViCes

OutcomeState your required outcomes here, ie:

“A Heritage Consultant is to be engaged to undertake heritage (including historical, Indigenous, and natural aspects) assessment, recording and planning at site X to support future land use options at both sites, and ensure that Defence complies with the heritage requirements of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and Amendment Bill, as well as relevant Defence polices.”

Heritage Status SummaryProvide all known details of heritage status including listing and what elements of the site are listed.

Key tasksOutline key tasks here, these may include:• Undertake an assessment of Defence’s obligations to protect the heritage values under EPBC Act,

State and Local level planning requirements (if relevant) as well as relevant Defence policies.• Prepare a full archival recording of the site. Utilise existing information and documentation

wherever possible.• Identify suitable re-use options in the light of updated condition and contamination information.• Determine the most appropriate ongoing protection mechanism for the site under s341 of the EPBC Act

should Defence decide to dispose of the site (if the site is CHL).• Develop a Conservation Management Strategy to guide the management of heritage issues and ensure

that Defence meets identified obligations during a disposal option. Note that under a disposal option it is not normal practice for Defence to apply for the land to be rezoned prior to sale. For Defence to consider taking on this responsibility as part of a heritage management strategy (i.e. under the Conservation Management Strategy) there would need to be a clear demonstration, based on a rigorous risk assessment, that this was the optimal course of action for Defence.

existing ReportsNote all existing reports and wherever possible provide CD copies for all tenderers. Check DEMS, the relevant environmental officer for the site, or with Defence Heritage for any information.

Site inspections The Heritage Consultant will be required to undertake all necessary site inspections required to complete the tasks described previously. The objective and expected outcomes of all site inspections and visits should be described in the tenderer’s response.

MeetingsOutline necessary meeting information.

Communication and LiaisonThe Heritage Consultant will be expected to establish a positive and productive working relationship with the Defence Project Officer, Site Auditor, PM/CA and other project consultants. They should respond in a timely manner to request for information from other team members and be proactive in disseminating important project information by the means most appropriate to each situation.

Schedule of WorksNote deliverables and relevant timeframes here.

Page 43: tOOLKit - Department of Defence

Guide 6 — defence Guide to HeritaGe ManaGeMent PlanninG �

Guide 6

Defence GuiDe to HeritaGe ManaGeMent PlanninG

Purpose of this guide

Due to the unique nature of Defence’s large estate holdings, our essential capability requirements, and diverse systems and processes, Defence has developed a unique Heritage Management Plan (HMP) structure and format to ensure that they are practical and make a real difference on the ground.

This guide aims to provide Defence regional and national planners, Regional Environmental staff, and Defence contractors with all the information they need to develop a HMP and related documents. These plans will ensure that Defence:

• meets the requirements under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) legislation (for sites on the Commonwealth Heritage List (CHL));

• protects and manages the heritage values of sites (both heritage listed and unlisted) during strategic and master planning, development, redevelopment, and refurbishment; and

• looks after Australia’s important heritage places for future generations.

there are a range of tools that can help you with managing heritage in defence including:

• Heritage Management Plans (HMPs) — (see Annex A) These assess and describe the heritage values of a site and develop strategies and action plans to protect them during standard activities. Defence uses Heritage Management Plans (HMPs) in the place of Conservation Management Plans which tend to provide extensive assessment information but limited management guidance. HMPs provide more information on the management aspects of plans as Defence’s main goal is to make a real difference on the ground to better protect the heritage values of sites on a day to day basis.

• Heritage Assessments (HAs) — (see Annex B) These determine and assess the heritage significance of a site based on accepted standards as laid out by the Commonwealth Heritage List criteria. They can also raise areas of concern or risks to these values.

• Heritage Impact Assessments (HIAs) — (see Annex C) These look at the heritage values of a site and assess whether a specified activity will have an impact, and suggest ways to avoid or mitigate these impacts where possible.

• Standard Statements of Requirement (SORS) for HMPs, HAs and HIAs — Contact your Senior Environmental Manager (SEM) or Defence Heritage and Biodiversity Conservation (DH&BC) for the latest copy.

Why do we need Heritage Management Plans?

The EPBC Act now requires that all sites on the Commonwealth Heritage List (CHL) must have a heritage management plan and be managed in accord with these plans. DH&BC and/or our Senior Environmental Managers in each region develop these plans. The Defence Heritage Strategy sets the target of 2016 for the completion of HMPs for all Defence sites currently on the CHL. Occasionally HMPs are developed by the proponent of major projects (for example IAD and DMO) for sites that don’t have (current) HMPs to help protect their values during the project and ensure our legal obligations are met.

Page 44: tOOLKit - Department of Defence

� Guide 6 — defence Guide to HeritaGe ManaGeMent PlanninG

Some sites are not on the CHL, but still require a heritage management plan to appropriately protect any identified heritage values. Under the EPBC Act, these sites may be picked up under section 28 which requires that a Commonwealth agency cannot take an action that has, will have or is likely to have a significant impact on the environment, which is now formally defined to include heritage.

Finally, Defence needs to protect our heritage sites, whether listed or not, where appropriate to ensure places of importance are retained for future generations of all Australians.

What is a Heritage Management Plan?

These are documents that assess and describe the heritage values of places, detail our obligations, and provide appropriate policies and management regimes to ensure that these values are protected. It acts as an internal risk management tool, in that only activities not done in accordance with, or outside the scope of the HMP will need further consideration.

If an activity lies outside of the HMP recommendations, you will need to contact your regional environmental staff and/or DH&BC, and in certain cases, activities may be referred to the Department of the Environment and Water Resources for a decision on whether or not we can undertake the activity and how.

The HMP also provides action plans broken down into specific activities, so that the individual parts are targeted at specific users only. For example, it will contain a guide for strategic and master planning activities explicitly, that won’t burden the user with information not relevant to them, but will outline:

• what legislation or obligations strategic/master planners must comply with at the site;

• options for avoiding and/or mitigating any impacts to the values during their usual and specified activities; and

• provide clear steps to be taken where impacts cannot be avoided.

Other guides are developed for redevelopment planning, maintenance and other user groups.

A detailed breakdown of the components of a HMP is provided at Annex A, along with an example of an indicative project plan and time line.

Why do we need Heritage assessments?

Heritage assessments are required to confirm our obligations for the site. The need for an assessment can be driven by pressure from redevelopment or disposal. Places can fall into the following categories:

• The site has never been assessed for heritage values and it has potential to contain areas of importance (including Indigenous, natural and/or built heritage values). Your regional environmental staff can assist you with determining whether the site is likely to have any values.

• The site has been partially assessed and needs to be considered more comprehensively, or assessed under State, local or outdated heritage criteria that no longer applies. It will need to be updated against the Commonwealth Heritage criteria (introduced 1 January 2004).

What is a Heritage assessment?

A heritage assessment determines and assesses any heritage significance at a site based on accepted standards as laid out by the Commonwealth Heritage List criteria. These values can be tangible (buildings, archaeological evidence, landscapes, objects), or intangible (such as associations with people or events, spiritual or sacred values).

A detailed breakdown of the components of a HA is provided at Annex B, and also an example of an indicative project plan and time line.

Page 45: tOOLKit - Department of Defence

Guide 6 — defence Guide to HeritaGe ManaGeMent PlanninG �

Why do we need Heritage impact assessments?

When you have a site that has, or is likely to have, some heritage value and you want to undertake an activity on the site you will need to do an impact assessment. This will determine whether or not you will impact on these values, the likely extent of the impacts and provides guidance on how to avoid or mitigate these impacts. Without assessing the possible impacts on the values of the site you can run the risk of triggering the EPBC Act, which includes penalties for non-compliance and may cause delays to your project.

What is a Heritage impact assessment?

A heritage impact assessment does the following:

• Assesses heritage values of a site if they have not been assessed and/or updates them against Commonwealth Heritage List criteria;

• Looks at a specified activity and determines the impacts upon these values;

• Identifies and outlines ways to:

– (preferably) avoid impacts

– and/or mitigate impacts where this is not possible; and

• Provides information to be used by Defence to determine if an EPBC Act referral will be required. Consult with DH&BC if a referral may be necessary. All Defence EPBC Act referrals are to be approved and submitted by DEIM.

The HIA can support an Environmental Clearance Certificate (ECC) for more information see Fact Sheet I — Environmental Clearance Certificates and heritage.

A detailed breakdown of the components of a HIA is provided at Annex C , and also an example of an indicative project plan and time line.

Page 46: tOOLKit - Department of Defence

� Guide 6 — anneX a teMPlate for HeritaGe ManaGeMent Plans

Guide 6 anneX a

teMPlate for HeritaGe ManaGeMent Plans

The annex outlines what a Heritage Management Plan (HMP) should contain and the components which should be included in every relevant Statement of Requirement (SOR) for a HMP used for Defence sites. Ask DH&BC for the most up to date SOR template.

executive summary

Outlines in a paragraph or two, the site, its heritage issues and overarching drivers and purpose of the plan.

table of contents

overarching guidance• The Heritage Management Plan needs to be written in a style aimed at non specialists, be easy to use,

brief where possible and cross reference to further information (ie previous heritage assessments), rather than including it in the report itself.

• Its main aim should be to protect and manage heritage values during standard and specified activities that occur at the site, and it must be easily implemented into Defence standard business processes.

• The plan should demonstrate a thorough understanding of the uses of the site and any future planning issues should be dealt with at the time of development.

• The plan must make practical and reasonable recommendations that are easily implemented, and must always be cognisant of the realities of Defence priorities and funding issues.

section 1: BacKGrounD

Purpose of the Heritage Management Plan

This should explain the reasons the plan was commissioned and highlight issues specific to the site or current activity, ie the drivers and required outcomes of the plan.

location and description of site

Outlines the location details and briefly describes the site including the Defence operations, activities and use of the site.

Heritage status & legislative framework

Describes what heritage listings the site has (if any) including Commonwealth, State and Local. Describes the key elements of what the site is listed for, ie for natural, Indigenous or built values.

section 2: HeritaGe assessMent

Historical summary

Outlines briefly the historical information relevant to the site. Can make reference to further information available externally.

Page 47: tOOLKit - Department of Defence

Guide 6 — anneX a teMPlate for HeritaGe ManaGeMent Plans �

Key heritage assets or features

Briefly describes the key heritage assets or features including what the key aspects are, for example, the layout of buildings or the fabric used and why it significant. This section also provides a map (or series of maps) highlighting key features, layouts etc. This should include the below (where applicable):

• individual heritage assets and their values

• precincts and their values

• landscape values and attributes

• setting

• layout and form

• archaeological

• Indigenous aspects/elements

This section should contain a photograph of each building and/or site and the elements that constitute this significance. For example if a building is important for its façade only, this will inform users that they are able to alter the internals, as long as they retain the external fabric.

Indigenous aspects

Where a site has key Indigenous elements or aspects the below should be requested in the SOR:

The HMP will identify Indigenous heritage values pertaining to [Defence Property Name] in close consultation with relevant Indigenous stakeholders as identified by the consultant in accordance with the Australian Heritage Commission document “Ask First — a guide to respecting Indigenous heritage places and values” (2002). This consultation will only take place with Defence’s knowledge and agreement.

The HMP must meet the requirements of Schedule 7A of the EPBC Regulations 2003.

The HMP must identify, document and assess Indigenous heritage sites and places through research, stakeholder consultation and field investigation and through this process and clearly identify Indigenous heritage values pertaining to [Defence Property Name];

The HMP must include an Indigenous heritage inventory to relevant State heritage agency standards including mapping of known sites and places, and areas where Indigenous sites are likely to occur but have not been recorded;

A brief comment on the state of the building/site and any specific issues/risks to be managed should be included.

This section should be removable as it forms a useful tool for site maintainers, planners and developers.

comparative analysis

Where there are comparative sites in Australia (for example, RAAF Bases) a comparative analysis can be made to initiate discussion of points of similarity and difference to assist in determining the overall level of importance of the site.

assessment of significance

Where a site already has a Commonwealth Heritage listing, the Statement of Significance should be the basis for assessment. This should be validated, but no further assessment work is required.

Page 48: tOOLKit - Department of Defence

6 Guide 6 — anneX a teMPlate for HeritaGe ManaGeMent Plans

If a site is not on the Commonwealth Heritage List, the site and its elements should be assessed against the Commonwealth Heritage List criteria. A clear statement should be made as to what elements (including buildings, features, layouts etc) are significant to the site, and what are not.

statement of significance

This should be a clear statement based on the assessment findings. Where a site already has a listing on the Commonwealth Heritage List, this should be stated in this section, along with any discrepancies found between the site and stated values as per the listing citation.

section 3: HeritaGe ManaGeMent

operational & Planning issues

Outlines the key operational and planning issues facing the site, ie redevelopment, increase/change in capability at site etc.

risks to Heritage Values

Outlines the key risks to values at the site, bearing in mind the issues identified above. Should include table of key risks to be addressed.

The HMP must describe the past, present and future Defence use of [Defence Property Name] and identify the risks to heritage values of undertaking various Defence activities within the context of current and future Defence capability requirements needs;

strategies, Policies and implementation

Should provide key overarching strategies and policies to be implemented at the site and National level to avoid and/or mitigate the key risks identified above. Should also include key actions and responsibilities.

indigenous heritage issues

Where a site has Indigenous heritage issues the below must be sought in the SOR:

• The HMP must identify ongoing Indigenous heritage policy and management requirements to maintain the Indigenous heritage values (refer to EPBC Regulation Schedule 7A(h));

• Within the context of future Defence operational needs, identify acceptable land management uses for Indigenous sites and places and provide guidance for future planned and potential Defence development of the site;

• The development of the HMP must demonstrate Indigenous stakeholder engagement throughout the project in accordance with “Ask First” and, the extent that is practicable, document how the concerns of Indigenous stakeholders have been accounted for in the HMP.

Page 49: tOOLKit - Department of Defence

Guide 6 — anneX a teMPlate for HeritaGe ManaGeMent Plans �

user GuiDes

These are guides that contain only information and guidance pertaining to the user identified. These guides can be pulled out/annexed from the main report and provide:

• a very brief overview of the heritage issues at site;

• overview of Defence’s obligations at the site relevant to the specified activity;

• key risks to heritage values during the specified activity;

• key steps/action list to avoid risks and advice on the process that should be followed and who to contact.

Specific information for each group contained in these guides are outlined below.

strategic and Master planners

May include issues such as:

• key listing information such as what individual items are listed and should be retained and which may be removed; and

• precinct/layout issues that must be incorporated into any master plan for any future development activities.

redevelopment planners

Includes similar information as the above guide, but also may include:

• specific options for adaptive reuse of significant buildings;

• options for incorporating and promoting heritage values at the site.

regional environmental and Heritage staff

Includes an overview of the above issues (referring to guides where appropriate), but also:

• Key actions for REOs such as outlining key risks and the resultant projects that will need to be actioned/bid for as part of the FACOPs process. These can include:

– commissioning further studies into values at the site, such as heritage assessments to discover Indigenous values, or landscape heritage plans;

– commissioning interpretive works, such as plaques for the buildings, sites etc;

– compilation of all relevant historical records and interpretation in relevant building on site or relevant Museum etc.

Maintainers• This specific guide will contain general dos and don’ts relevant to general heritage

maintenance and repair work.

• It will also include more site-specific information, ie information relevant to salt attack if a place is located on the coast and contains sandstone etc.

• This guide should refer to the “Key heritage assets or features” section as outlined above.

Page 50: tOOLKit - Department of Defence

� Guide 6 — anneX a teMPlate for HeritaGe ManaGeMent Plans

defence Heritage and Biodiversity conservation

This section outlines any key actions for DH&BC which may include:

• high level risks to the site that may result in referral to the Department of the Environment and Water Resources now or in the future, or pose a serious threat to capability or operations at the site;

• amendments to Commonwealth Heritage List citations (including amendments to DEMs register listings);

• options for interpretation and promotion of the site.

opportunities

This optional section further details interpretation and promotional opportunities for the site and may include:

• options for Visitor Centres or Museums;

• opportunities to promote the site via links with local communities and interested groups;

• interpretation.

natural and indigenous Heritage

Where a site has considerable natural and/or Indigenous heritage values to be managed, one version of an Indigenous/Natural heritage “handbook” should be developed for various users on the site.

This should guide Defence personnel, land managers and contractors in regard to their activities which may have effect on Indigenous heritage values; and provide key information on what the values are, how to avoid impact on them and may include images and maps of relevant items/flora/fauna/maps etc.

aPPenDices

This refers to previous studies, reports, HMPs, heritage assessments and any other relevant material.

Page 51: tOOLKit - Department of Defence

Guide 6 — anneX a teMPlate for HeritaGe ManaGeMent Plans �

typical heritage management plan timeline

Step Tasks required Indicative timing

Step 1 Preparation of SOR. This may require involvement from: DH&BC/SEM/REO/CMC, to define scope and key issues. The more defined and prescriptive the SOR, the better the outcome

2–3 weeks

Step 2 Send SOR to nominated consultants. Should be accompanied by as much background info as possible

Usual timing for tender period 2–3 weeks

Step 3 Assessment of tenders and selection of consultant — formal contracts put in place and timeframes confirmed

Typically 2–3 weeks after tenders close

Step 4 Liaise with relevant stakeholders and facilitate inception meeting to flush out issues, time frames, commenting periods and any other issues

1 week

Step 5 Facilitate site visit and building access (REO); provide any additional information available; organise list of stakeholders and issues to be dealt with at site visit

1 week

Step 6 On site assessment by consultant — building inspections, photographs, stakeholder discussions

From 1 day– 2 weeks (dependent on size of site)

Step 7 Preparation of Draft HMP by consultant 6–12 weeks (dependent on site size and complexity)

Step 8 Review of Draft report. Consultant to distribute drafts (once REO and DH&BC are essentially happy) and REO and or DH&BC to collate comments before responding to consultant

2–4 weeks typically

Step 9 Incorporation of comments and feedback by consultant; possible review meeting if required — preparation of Final Draft

2–4 weeks

Step 10 Review of Final Draft by key stakeholders. Final comments to consultant

2 weeks

Step 11 Finalisation of HMP by consultant, including finalisation of graphics, formatting, printing requirements. HMP distributed to nominated stakeholders or to REO for distribution

2 weeks

Page 52: tOOLKit - Department of Defence

�0 Guide 6 — anneX B teMPlate for HeritaGe assessMents

Guide 6 anneX B

teMPlate for HeritaGe assessMents

The below outlines what a Heritage Assessment should contain:

executive summary

table of contents

overarching guidance• The Heritage Assessment needs to be written in a style aimed at non-specialists, be easy to use,

brief where possible and refer to further information (ie previous heritage assessments), rather than including it.

• The assessment should demonstrate a thorough understanding of the uses of the site as this will highlight any risks and further issues.

• The assessment must make practical and reasonable recommendations that are easily implemented, and must always be cognisant of the realities of Defence priorities and funding issues.

section 1: BacKGrounD

Purpose of the Heritage assessment

This should explain the reasons the plan was commissioned and highlight issues specific to the site or current activity, ie the drivers and required outcomes of the plan.

location and description of site

Outlines the location details and briefly describes the site.

section 2: HeritaGe assessMent

Historical summary

Outlines briefly the historical information relevant to the site. Can make reference to further information available externally.

Heritage status & legislative framework

Describes what heritage listings the site has (if any) including Commonwealth, State and Local. Describes the key elements of what the site is listed for, ie for natural, Indigenous and/or built values.

Key heritage assets or features

Briefly describes the key heritage assets or features including what the key aspects are, for example, the layout of buildings or the fabric used and why. This section also provides a map highlighting key features, layouts etc.

Page 53: tOOLKit - Department of Defence

Guide 6 — anneX B teMPlate for HeritaGe assessMents ��

This section should contain a photograph of each building and/or site, a brief ranking according to the significance assessment guidelines at www.defence.gov.au/environment and the elements that constitute this significance. For example if a building is important for its façade only, this will inform users that they are able to alter the internals, as long as they retain the external fabric.

A brief comment on the state of the building/site and any specific issues/risks to be managed should be included.

This section should be removable as it forms a useful tool for site maintainers, planners and developers.

comparative analysis

Where there are comparative sites in Australia (for example, RAAF Bases) a comparative analysis can be made to initiate discussion of points of similarity and difference.

assessment of significance

Where a site already has a Commonwealth Heritage listing, the Statement of Significance should be the basis for assessment. This should be validated, but no further assessment work is required.

If a site is not on the Commonwealth Heritage List, the site and elements within should be assessed against the Commonwealth Heritage List criteria. A clear statement should be made as to what elements (including buildings, features, layouts etc) are significant to the site, and what are not.

statement of significance

This should be clear statement based on the assessment findings. Where a site already has a listing on the Commonwealth Heritage List, this should be stated in this section, along with any discrepancies found between the site and stated values as per the listing citation.

Page 54: tOOLKit - Department of Defence

�� Guide 6 — anneX B teMPlate for HeritaGe assessMents

typical heritage assessment timeline

Step Tasks required Indicative timing

Step 1 Preparation of SOR. This may require involvement from: DH&BC/SEM/REO/CMC, to define scope and key issues. The more defined and prescriptive the SOR, the better the outcome

1–2 weeks

Step 2 Send SOR to nominated consultants. Should be accompanied by as much background info as possible

Usual timing for tender period 2–3 weeks

Step 3 Assessment of tenders and selection of consultant — formal contracts put in place and timeframes confirmed

Typically 1–2 weeks after tenders close

Step 4 Facilitate site visit and building access (REO); provide any additional information available; organise list of stakeholders and issues to be dealt with at site visit

1 week

Step 5 On site assessment by consultant — building inspections, photographs, stakeholder discussions

From 1 day — 2 weeks (dependent on size of site)

Step 6 Preparation of Draft HA by consultant 2–4 weeks (dependent on site size and complexity)

Step 7 Review of Draft report. Consultant to distribute drafts (once REO and DH&BC are essentially happy) and REO and or DH&BC to collate comments before responding to consultant

2–4 weeks typically

Step 8 Incorporation of comments and feedback by consultant; preparation of Final Draft

2 weeks

Step 9 Review of Final Draft by key stakeholders. Final comments to consultant

2 weeks

Step 10 Finalisation of HA by consultant, including finalisation of graphics, formatting, printing requirements. HA distributed to nominated stakeholders or to REO for distribution

2 weeks

Page 55: tOOLKit - Department of Defence

Guide 6 — anneX c teMPlate for HeritaGe iMPact assessMent ��

Guide 6 anneX c

teMPlate for HeritaGe iMPact assessMent

The below outlines what a Heritage Impact Assessment (HIA) should contain:

executive summary

table of contents

overarching guidance• The Heritage Impact Assessment needs to be written in a style aimed at non-specialists, be easy to use,

brief where possible and refer to further information (ie previous heritage assessments), rather than including it.

• Its main aim should be to protect and manage heritage values during the specified activity, and any recommendations must be easily implemented into Defence standard business processes.

• The HIA should demonstrate a thorough understanding of the uses of the site and any further risks to heritage should be dealt with at the time.

• The HIA must make practical and reasonable recommendations that are easily implemented, and must always be cognisant of the realities of Defence priorities and funding issues.

• The HIA must be developed closely with planners to ensure that it meets their needs and provides sensible options.

section 1: BacKGrounD

Purpose of the Heritage impact assessment

This should explain the reasons the plan was commissioned and highlight issues specific to the site or current activity, ie the drivers and required outcomes of the plan.

location and description of site

Outlines the location details and briefly describes the site.

section 2: HeritaGe assessMent

This should be drawn from any previous assessments done. DH&BC or the relevant Regional staff can assist with obtaining these. Where they do not exist, a comprehensive heritage assessment should be undertaken.

Historical summary

Outlines briefly the historical information relevant to the site. Can make reference to further information available externally.

Heritage status & legislative framework

Describes what heritage listings the site has (if any) including Commonwealth, State and Local. Describes the key elements of what the site is listed for, ie for natural, Indigenous or built values.

Page 56: tOOLKit - Department of Defence

�� Guide 6 — anneX c teMPlate for HeritaGe iMPact assessMent

Key heritage assets or features

Briefly describes the key heritage assets or features including what the key aspects are, for example, the layout of buildings or the fabric used and why. This section also provides a map highlighting key features, layouts etc.

This section should contain a photograph of each building and/or site, a brief ranking according to the significance assessment guidelines at www.defence.gov.au/environment and the elements that constitute this significance. For example if a building is important for its façade only, this will inform users that they are able to alter the internals, as long as they retain the external fabric.

A brief comment on the state of the building/site and any specific issues/risks to be managed should be included.

Where possible, previous heritage assessments should be used to save time and money on reassessment.

comparative analysis

Where there are comparative sites in Australia (for example, RAAF Bases) a comparative analysis can be made to initiate discussion of points of similarity and difference.

assessment of significance

Where a site already has a Commonwealth Heritage listing, the Statement of Significance should be the basis for assessment. This should be validated, but no further assessment work is required.

If a site is not on the Commonwealth Heritage List, the site and elements within should be assessed against the Commonwealth Heritage List criteria. A clear statement should be made as to what elements (including buildings, features, layouts etc) are significant to the site, and what are not.

statement of significance

This should be clear statement based on the assessment findings. Where a site already has a listing on the Commonwealth Heritage List, this should be stated in this section, along with any discrepancies found between the site and stated values as per the listing citation.

description of proposed activity

This should outline what activity or action will take place at the site, detailing all potential risks to heritage values that may occur during the activity.

Clearly state the case for undertaking the activity, so that DH&BC or relevant area can consider not only the impacts to heritage values, but also the impacts to Defence if the activity is not carried out.

Outline all options and alternatives where possible, so that these may be investigated if impacts to heritage values may or will occur.

summary

This should summarize the key findings and recommendations and should clearly address:

• Whether an impact to heritage values will occur during the proposed activity; and whether the impact may be significant.

• Recommendations on how to undertake proposed activity without impacting on the heritage values, or minimizing impacts.

• Recommendations on how to protect and promote the values of the site during the activity.

Page 57: tOOLKit - Department of Defence

Guide 6 — anneX c teMPlate for HeritaGe iMPact assessMent ��

typical heritage impact assessment timeline

Step Tasks required Indicative timing

Step 1 Preparation of SOR. This may require involvement from: DH&BC/SEM/REO/CMC, to define scope and key issues. The more defined and prescriptive the SOR, the better the outcome

1–2 weeks

Step 2 Send SOR to nominated consultants. Should be accompanied by as much background info as possible

Usual timing for tender period 2–3 weeks

Step 3 Assessment of tenders and selection of consultant — formal contracts put in place and timeframes confirmed

Typically 1–2 weeks after tenders close

Step 4 Project inception meeting, including site visit (if required — sometimes previous assessments can be used and site visit is not necessary) and building access (REO); provide any additional information available; organise list of stakeholders and issues to be dealt with at site visit

1 week

Step 5 On site assessment by consultant — building inspections, photographs, stakeholder discussions

From 1 day — 2 weeks (dependent on size of site)

Step 6 Preparation of Draft HIA by consultant 2–4 weeks (dependent on site size and complexity)

Step 7 Review of Draft report. Consultant to distribute drafts (once REO and DH&BC are essentially happy) and REO and or DH&BC to collate comments before responding with one set of consolidated comments to consultant

2–4 weeks typically

Step 8 Incorporation of comments and feedback by consultant; preparation of Final Draft

2 weeks

Step 9 Review of Final Draft by key stakeholders. Final comments to consultant

2 weeks

Step 10 Finalisation of HIA by consultant, including finalisation of graphics, formatting, printing requirements. HIA distributed to nominated stakeholders or to REO for distribution

2 weeks

Page 58: tOOLKit - Department of Defence

Guide 7

Military training and exercises

Purpose of this guide

This guideline is for those Defence personnel conducting any exercises or training in identified heritage areas. The guidelines below provide details on exercises planned through Australian Defence Force Warfare Centre (ADFWC), heritage planning for all other exercises (ie those not guided by ADFWC) and overall training activities on Defence owned sites.

Primary issue to consider

Plan ahead

The key to avoiding any impacts to heritage during exercises is the early consideration during the planning phase. Identify heritage issues early with the help of your regional environmental staff and look at ways to ensure any heritage values are protected.

Check with your regional environmental staff or the Heritage Register on the Defence Heritage web site to determine if the proposed location for the activity or exercise is listed for heritage values. If the site is heritage listed it will often have a Heritage Management Plan (HMP) that can offer advice and guidance on what you can and can’t do.

Range Standing Orders/Exercise Instructions/Standard Operating Procedures may help you here as well. The documents will also provide information about the need for further clearance such as an Environmental Clearance Certificate (ECC). If when reading these documents you are unsure about heritage issues please contact the regional environmental staff or Range Control Officer (RCO).

Look at the fine detail

Issues can crop up if not enough detail is provided to regional environmental staff on what planned exercises will be. The firmer your plans and the more detail provided, the better they can assist you to avoid impacts and possible delays or stops to your exercise.

exercise Planning through AdF Warfare centre

If the exercise is being planned through the ADF Warfare Centre, there are specific processes in place for the consideration of heritage at both strategic and site levels. This includes ADFP 7.0.3 Exercise Planning and Conduct. A Strategic Assessment for Major Military Exercises is also being developed by Defence Environmental Impact Assessment and ADFWC to provide specific guidance in a through-life manner for the management of all environmental and heritage issues through the planning stages, implementation phase and post-exercise clearances (see intranet.defence.gov.au/VCDFweb/sites/ADFWC/).

Guide 7 — MilitAry trAininG And exercises 1

Page 59: tOOLKit - Department of Defence

exercise planning checklist

Steps Finding the answer

1. Check with your REO or Senior Environmental Manager (SEM)

Discuss the proposed activity or exercise with the REO or Senior Environmental Manager (SEM) and he or she will be able to help you achieve the training objective whilst protecting any heritage values. This would include providing you with any environmental constraints maps or environmental management plans, containing information to help you plan your activities in areas avoiding heritage features

2. Check where you will be training

If your exercise is to be undertaken in non-Defence owned areas, the REO/SEM will be able to advise you on any consultation you should undertake with State authorities or local interest groups

3. Check if you need an ECC Environmental Clearance Certificates (ECCs) are required for many training activities and exercises. If you are unsure whether you need to complete an ECC familiarise yourself with the relevant standing orders and/or speak to your REO or RCO. ECCs are designed to break down the activity or exercise and assess it for the potential impact it may have on the environment including heritage. The CO or OC of the exercise or activity develops the ECC for the REO to approve. The REO may simply approve the exercise, or he or she may attach conditions to the approval

4. Do you need a referral? For larger exercises that are deemed by the REO to have a significant impact the activity needs to be referred to the Minister for the Environment and Water Resources. Again, your regional environmental staff, and the Defence Environmental Impact and Heritage and Biodiversity Conservation Directorates can help you with this, see intranet.defence.gov.au/environment or www.defence.gov.au/environment/contacts

� Guide 7 — MilitAry trAininG And exercises

Page 60: tOOLKit - Department of Defence

GUIDE 2 — stratEGIc anD mastEr plannInG �GUIDE 8 — InDIGEnOUs anD cUltUral HErItaGE manaGEmEnt �

GUIDE 8

INDIGENOUS aND cUltUral HErItaGE MaNaGEMENt

purpose of this guide

The Department of Defence is committed to the appropriate management of Indigenous heritage places on Defence land.

This guide provides advice on the integration of Indigenous heritage values in Defence Heritage and Environment Management plans.

DO YOU HaVE InDIGEnOUs sItEs Or placEs On YOUr DEFEncE prOpErtY?

Effective heritage management starts with a good understanding of all heritage values relating to each Defence property, including Indigenous heritage.

Section 528 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) defines the “heritage value” of a place as including the place’s natural and cultural environment having aesthetic, historic, scientific or social significance, or other significance, for current and future generations of Australians.

“Indigenous Heritage Value” is defined as the heritage value of the place that is of significance to Indigenous persons in accordance with their practices, observances, customs, traditions, beliefs or history.

The term embraces the intrinsic value of physical “sites”, the attachment to “places” in the landscape with ceremonial or “story” attachments without physical evidence, spirituality, law, knowledge practices, traditional resources or other beliefs or attachments.

There are a number of actions for Defence managers to implement or undertake to improve their understanding of Indigenous heritage values on a Defence property:

• Speak with your regional environmental staff or the team at Defence Heritage and Biodiversity Conservation

• On the advice of the above you may ask Indigenous stakeholders;

• Understand the range of Indigenous sites and places;

• Refer to existing heritage records — reports and heritage registers; and

• Explore the area through heritage research and field survey.

Ask Indigenous Stakeholders

When enquiring about Indigenous heritage values a most important step is to “ask first”. Ask the relevant Indigenous community groups about heritage values early in the process of addressing Indigenous heritage. You may wish to engage a Defence Environment and Heritage Panel member to undertake this task.

Indigenous stakeholders have a reasonable expectation to be consulted regarding their heritage. Usually the local Indigenous community are the best repository of knowledge about Indigenous heritage values within their area of concern. Government heritage authorities also expect any Indigenous heritage assessment report for a development approval to include a section on Indigenous consultation.

Page 61: tOOLKit - Department of Defence

2 GUIDE 8 — InDIGEnOUs anD cUltUral HErItaGE manaGEmEnt

The publication “Ask First” (Australian Heritage Commission 2002) provides the definitive guide to Indigenous Stakeholder Engagement. A summary of the key points from Ask First is provided below.

Understanding Sites And Places

An Indigenous Site is an area containing physical evidence of Aboriginal activity. Indigenous Places are those parts of the landscape with no obvious physical evidence but are associated with stories or ceremony, or are of historical or cultural significance due to past strong cultural associations. Definitions of the term “site” and “place” sometimes vary between different users.

Indigenous places may include:

• specific natural features with connections to traditional stories;

• connected parts of the landscape with connections to traditional stories;

• broad landscape areas with strong social value; or

• locations of significant past events.

Indigenous site types include (but are not limited to):

• flaked stone artefact scatter;

• rock engravings or paintings;

• grinding grooves;

• scarred or carved trees;

• stone arrangements;

• stone structures;

• rockshelters with artefacts or art;

• earth mounds;

• historic places (such as old missions or schools);

• burials;

• shell middens; and

• quarries.

Refer To Existing Heritage Records

To find out about Aboriginal sites, research what has already been recorded. You may wish to engage a Defence Heritage Panel member to do this if required. Your regional environmental officer can advise you on this. This background review may be conducted prior to and possibly in preparation for Indigenous consultation.

Existing heritage records may exist within Commonwealth or State statutory heritage registers or within existing environmental project reports. Some items may have an Indigenous Land Use Agreement (ILUA) that applies to it. Review of these sources provides a useful starting point in developing an understanding of Indigenous heritage values on a Defence property.

Explore The Area By Research And Field Survey

A field survey by appropriately skilled people is the best way of determining what Indigenous sites (physical evidence) occur within a Defence property. However, before undertaking any field survey work, you’ll need to contact Defence Heritage and Biodiversity Conservation to confirm that this is required. Field survey should involve the relevant Indigenous stakeholders so that any information about Indigenous places can also be taken into account in any assessment. Planning for a field survey should include

Page 62: tOOLKit - Department of Defence

GUIDE 8 — InDIGEnOUs anD cUltUral HErItaGE manaGEmEnt �

background research and Indigenous stakeholder consultation. Research should include understanding of landscape factors and other regional heritage research so that a prediction may be made as to which Indigenous site types are likely to occur.

The Defence Heritage and Environment Panel can provide the necessary technical services for research and site survey.

InDIGEnOUs staKEHOlDEr cOmmUnItY cOnsUltatIOn anD InVOlVEmEnt

It is a common policy of Government heritage agencies that Indigenous people should be involved in the management of their heritage. This should include Indigenous stakeholder input where appropriate. Defence Heritage and Biodiversity Conservation can advise on this.

You may wish to engage a Defence Heritage Panel member to coordinate consultation and involvement.

The publication “Ask First” (Australian Heritage Commission 2002) provides the definitive guide to respecting Indigenous heritage places and values on Defence property. The short guidelines below are provided both as a summary of “Ask First” key points, and as complementary tips.

When should Indigenous stakeholders be contacted?

• When seeking advice on Indigenous heritage values on your Defence property

• At the outset of any comprehensive Indigenous heritage assessment project to resolve appropriate assessment methodology

• When preparing Indigenous heritage management documents — to seek feedback, information and, ideally, agreement to assessments and management measures

• When there is significant and unplanned disturbance to an Indigenous place or Indigenous site

When should Indigenous stakeholders be involved in the field?

Note that any consultation should be undertaken via a Panel member with the input of Defence Heritage and Biodiversity Conservation (DH&BC) section.

• During heritage survey fieldwork for identification and assessment purposes

• Inspections where decisions about Indigenous heritage management must be made

• When resolving what to do about a disturbed Indigenous site

Activities not requiring consultation

• Background research and review of existing information

• Site inspections for familiarisation purposes

• Site inspections for physical condition assessments

Who should be consulted?

A crucial first step is to identify Traditional Owners and other Indigenous people with rights and interests in the area. To identify relevant Indigenous stakeholders talk to relevant Defence Aboriginal Liaison personnel, contact relevant Land Councils, Native Title Representative Bodies and government heritage authorities.

Recognize that there may be different Indigenous groups with competing claims or interests in an area or matter. Where that is the case it is important to talk to all of them. Usually a heritage consultant based in a particular area will know the relevant local Indigenous stakeholder groups and can navigate the sometimes complex relational issues.

Page 63: tOOLKit - Department of Defence

� GUIDE 8 — InDIGEnOUs anD cUltUral HErItaGE manaGEmEnt

What should I actually do?

After an initial phone call to the above representatives, the best way forward is to develop a working relationship based on trust through meeting in person.

For complex matters take time to agree on a process for addressing Indigenous heritage matters before attending to the matter itself. This may include:

• who are the spokespersons?

• what information is required before a meeting can take place?

• where should meetings take place?

• do people need transport or financial assistance to attend?

Government heritage agencies commonly require written evidence of consultation, so it is important to have a paper trail documenting consultation and engagement. Follow up contacts and meetings in writing.

Payment for Indigenous stakeholder involvement

Payment for time spent in heritage assessment is an appropriate expectation of the Indigenous community. Fees generally mirror those of heritage consultants, but can vary significantly between different groups. Payment should be made on receipt of an invoice on the letterhead of the relevant Indigenous corporation.

Payments are not appropriate as “compensation” for impact to a heritage site. If there are Indigenous site recovery works (eg archaeological salvage excavation), the outcome for paid work must be some tangible benefit for future generations of Indigenous people, eg collection of Aboriginal artefacts suitably stored and documented so that future generations can enjoy them.

Defining timeframes for outcomes and decisions

It is important to let Indigenous stakeholders know when feedback is required and why the due date is important. When requesting feedback from an Indigenous group on an issue, allow for more than two weeks and up to four weeks, depending on the local circumstance. This allows time for information to disseminate in the relevant communities. Time must be allowed for matters to be raised at relevant Land Council or Aboriginal Corporation meetings — consider the timing of these meetings.

In some cases decisions can take much longer than the timeframes specified above, so it is important to consider Indigenous heritage issues early on in any relevant projects. It’s equally important to request decisions in a culturally sensitive manner to ensure that the best possible outcomes are achieved.

Follow up any initial requests for feedback with diplomatic offers of assistance, further information, etc. to assist in decision making. Be proactive in providing relevant information.

Confidentiality

Make allowance for sensitive traditional information to be provided by Indigenous stakeholders in general terms if desired. This is most likely for the location of sacred sites.

Ensure that sensitive information disclosed in the course of identifying Indigenous places is protected from unnecessary further disclosure. Consider whether it is necessary at all for sensitive information to be documented. If it is, then document control is important through the use of restricted distribution.

Page 64: tOOLKit - Department of Defence

GUIDE 8 — InDIGEnOUs anD cUltUral HErItaGE manaGEmEnt �

InDIGEnOUs HErItaGE manaGEmEnt plannInG

Defence has adopted the “Heritage Management Plan” as the primary heritage planning instrument. A Heritage Management Plan covering Indigenous Heritage adopts a similar approach as those covering historic or natural heritage.

The involvement of Indigenous stakeholders is a key distinguishing characteristic of Indigenous Heritage Management Plans (HMPs) when compared with historic heritage HMPs. A Statement of Requirement (SOR) for a Heritage Management Plan (HMPs) thus emphasises early and continuous engagement with Indigenous stakeholders.

For further advice and guidance on how to prepare a Heritage Management Plan including Indigenous elements and aspects, see Guide 6 “Defence Guide to Heritage Management Planning”.

Indigenous Heritage management Issues

Managing Indigenous access to defence training areas

Arrangements for Indigenous stakeholder access to Defence sites will be defined and documented within a HMP. Access arrangements defined in the HMP should include the following:

• Indigenous stakeholder parties identified at the organisation level (identified Indigenous corporations, land councils, community organisations); and

• defined avenues for contact (identified leaders or organisation executive to make contact with Range Control or Regional Environmental Officer by phone or fax).

Access should be documented within the HMP site access register with date, organisation, individuals and purpose for visit which may include:

• established ceremony;

• inspection or stewardship of Indigenous sites and places;

• education; or

• resource acquisition.

Exclusion zones to care for Indigenous heritage

Exclusion zones may be appropriate to protect the physical site fabric on Indigenous sites, or to protect the cultural sensitivities on Indigenous places with ceremonial or traditional story associations.

Appropriate exclusion zones should be defined in a HMP for a Defence property.

How to define exclusion zones

A common question facing Defence land managers is how far away should activities be placed to protect Indigenous heritage values? A standard term to cover this zone of management is “curtilage”. A heritage curtilage is the area which contributes to the significance of the site or place. An exclusion zone should be defined by the management needs of the site or place.

The steps involved in defining an exclusion zone are:

• Define the Indigenous site types and values (known/predicted)

• Refer to the HMP. If none, see above guideline “Do You Have Indigenous Sites or Places on your Defence Property?”

Page 65: tOOLKit - Department of Defence

� GUIDE 8 — InDIGEnOUs anD cUltUral HErItaGE manaGEmEnt

• Agree reasonable protection measures in the HMP which should include:

– total avoidance of rock art, rockshelters, engravings and structures (stone arrangements, hides, earth mounds);

– total avoidance of stone arrangements, stone structures and rock painting sites by all training exercise personnel;

– total avoidance of flat rock expanses with rock art (eg sandstone platforms with Indigenous engravings or grinding grooves);

– total avoidance of culturally modified trees (including scarred trees and carved trees);

– avoidance or minimisation of impact on significant archaeological deposit with mitigation measures on any impacted deposit (eg monitoring and archival recording of impacted site by competent person);

– note that “archaeological deposit” includes any soil layer containing cultural materials. Stone artefacts are likely to occur unseen within topsoil across large areas near watercourses and key resource areas.

– landform-based avoidance of Indigenous places may be defined on a case by case basis with Indigenous stakeholders.

State and Commonwealth legislation considerations

• The Environment Protection & Biodiversity Conservation Act 1999 protects all heritage from impacts by a Commonwealth agency and protects all heritage on Commonwealth land.

• Protection to cultural heritage afforded under ss.26 & 28 of the Act, applies regardless of the listing status of heritage sites or heritage places. For places listed on the Commonwealth Heritage List or National Heritage List, the heritage values are protected.

• Listing on the Commonwealth Heritage List (CHL) obligates Defence to prepare a management plan. Schedule 7A of the EPBC Regulation sets out the requirements for a management plan.

• As a general rule, State law does not apply on Commonwealth land, with the exception of land leased by the Commonwealth from the State.

• Defence Instruction General ADMIN 40-2 states that:

17. Defence personnel shall comply with State, Territory and local government environmental legislation and requirements to the extent that these do not conflict with Commonwealth legislative obligations.

• Common features of State and territory legislation are provisions for the protection of heritage places either through listing (generally common for historic heritage places) or through blanket protection (generally common for Indigenous heritage sites).

• Consultation with Indigenous communities is included in some State legislation (eg Queensland and Commonwealth legislation applying to Victoria) but is common to all State regulatory guidelines.